Full Description
The book systematically discusses how to better regulate and reduce ship-source hazardous substances pollution. It analyzes international, U.S., and Chinese laws and regulations from the perspectives of pollution prevention and control, emergency response and environmental remediation, and liability and compensation for damage.
Through case studies of major ship-source hazardous substances pollution incidents in the United States and China, the author concludes that prevention, control, and response measures must be considered alongside conflicts between pollution control objectives and other economic, social, and political constraints. Additionally, in China, prevention, control, and response efforts are constrained by a narrow definition of damage, insufficient liability limits, and underdeveloped insurance and supplementary funding mechanisms, despite the consideration of environmental claims in the compensation regimes. The author calls for adequate legal institutions that include discharge standards and permits, emergency response protocols, strict compensation standards, limited defenses, a supplementary compensation fund, and comprehensive enforcement that integrates national regulations and international cooperation.
This book serves as a useful reference for students, scholars, and legal professionals specializing in shipping, maritime, and environmental law.
Contents
1 International Law on Ship-Source Hazardous Substances Pollution 2 The Scope of the HNS Convention 3 The First-Tier Liability of the Shipowner 4 The Second Tier of Compensation: The HNS Fund 5 U.S. Law on Ship-Source Hazardous Substances Pollution 6 Response Actions under U.S. Law 7 Liability and Compensation under U.S. Law 8 Chinese Law on Ship-Source Hazardous Substances Pollution 9 Pollution Control and Response under Chinese Law 10 Liability and Compensation under Chinese Law 11 Conclusion and Strategic Considerations: A Chinese Perspective
