Liability and Compensation for Offshore Oil Pollution Damage in the Arctic

Kristoffer Svendsen, Ph.D. (2015), The Arctic University of Norway, is an Associate Professor of Law at the University of Stavanger and Kristiania University College, an Assistant Director at Tulane Center for Energy Law, and an Associate Member of Aberdeen University Centre for Energy Law. He has edited books and published articles on liability and compensation for oil pollution, seabed activities, and contractual risk allocation.

List of Figure


part 1

Introduction



1 Introduction

 1.1 Introduction


 1.2 Background


 1.3 The Absence of International Legal Agreements Regulating Oil Pollution Damage from Offshore Subsoil Activities


 1.4 The Barents Sea


 1.5 Limitations and Assumptions throughout the Book




2 Sources of Law in Norway and Russia

 2.1 Introduction


 2.2 Sources of Law – Norway


 2.3 Sources of Law – Russia


 2.4 Some Comments on Legal Reasoning


 2.5 Materials Used




3 Principles and Considerations in Norwegian and Russian law

 3.1 Introduction


 3.2 The Use of the Terminology ‘Legal Principle’ in This Book in Relation to Norwegian and Russian Law


 3.3 The International Environmental Polluter Pays Principle – from an Economic to a Multi-version Principle


 3.4 Common Consideration in Norwegian and Russian Law


 3.5 Norwegian National Considerations with Respect to Chapter 7 of the Petroleum Act


 3.6 Russian National Considerations


 3.7 Comparative Notes


 3.8 Conclusions




4 Liability for Pollution Damage in the Barents Sea

 4.1 Introduction


 4.2 Liability for Pollution Damage in Norway


 4.3 Liability for Pollution Damage in Russia




part 2

Procedural Law Issues: Choice-of-Law, and Recognition and Enforcement of Foreign Judgments

5 Choice of Law Rules in the Petroleum Act and the Civil Code

 5.1 Introduction


 5.2 Two Cross-Border Pollution Scenarios


 5.3 A Harmed Russian Party Filing a Claim for Compensation in a Norwegian Court for Harm Inflicted to the Russian Party, When Located in the Russian Part of the Barents Sea, by a Norwegian Company Located in the Norwegian Part of the Barents Sea


 5.4 A Harmed Norwegian Party Filing a Claim for Compensation in a Russian Court for Harm Inflicted to the Norwegian Party Located in the Norwegian Part of the Barents Sea by a Russian Company Located in the Russian Part of the Barents Sea


 5.5 Conclusion of Choice of Law




6 Recognition and Enforcement of Foreign Judgments in National Courts Absent an International Agreement (Enforcement of Norwegian Judgments in Russian Courts and Russian Judgments in Norwegian Courts)

 6.1 Introduction


 6.2 European Recognition and Enforcement Regimes of Foreign Judgments in Civil and Commercial Matters


 6.3 Norwegian Legal Approach to Recognition and Enforcement of Foreign Judgments in Civil and Commercial Matters


 6.4 Russian Legal Approach to Recognition and Enforcement of Foreign Judgments in Civil and Commercial Matters


 6.5 Conclusion of Recognition and Enforcement of Foreign Judgments




Part 3

Substantive Law Issues: Examining Compensability through the Concept of Damage, Losses Suffered by Third Parties, and Harm to the Environment and Its Valuation and Calculation

7 The Definition and Understanding of the Norwegian Concept of “Damage” under the Petroleum Act and the Russian Concept of “Harm” under the Federal Continental Shelf Law and the Federal Environmental Protection Law

 7.1 Introduction


 7.2 Norwegian Law


 7.3 Russian Law


 7.4 Comparative Analysis


 7.5 Conclusion of Chapter 7




8 Compensability of Losses Suffered by Third Parties: Establishing Protection in Delict Law and Limitation of This Liability through Causation

 8.1 Introduction


 8.2 Historical Prelude


 8.3 Pure Economic Loss and Losses Suffered by Third Parties


 8.4 Norwegian Law: the Establishment of Protection in Delict Law and Limitation of Liability through Proximity in Causality and Balancing of Interests


 8.5 Russian Law – the Concept of “Unreceived Income”


 8.6 Comparative Analysis


 8.7 Conclusion on Losses Suffered by Third Parties




9 Compensability of Harm to the Marine Natural Environment Caused by Petroleum Spills

 9.1 Introduction


 9.2 Values Attributable to the Environment


 9.3 Norwegian Law


 9.4 Russian Law


 9.5 Comparative Analysis


 9.6 Conclusion of Chapter 9




10 The Valuation and Calculation of Compensable Damage to the Environment

 10.1 Introduction


 10.2 The Primary Valuation and Calculation Methods


 10.3 The Norwegian Approach to Restoration and Replacement Costs


 10.4 The Russian Approach: Market Valuation and Mathematical Formulas


 10.5 Comparative Analysis


 10.6 Conclusion




11 Conclusions and Policy Recommendations

 11.1 Introduction


 11.2 Conclusions and Summary of the Book


 11.3 Policy Recommendations




Annexes


Bibliography


Index