Shipping and the Environment: Law and Practice

by Colin de la Rue, Charles Anderson, Jonathan Hare

Overview

From the time it was first published in 1998, Shipping and the Environment has been the leading text on international and US law and practice in this field. Written by renowned legal and insurance practitioners with over 100 years of combined specialist experience, including first-hand knowledge of many major incidents, it is not only a comprehensive reference work but an abundant source of introductory material and practical insights, all explained with a clarity appreciated by lawyers and non-lawyers alike in a broad international readership.

While updating its core subjects of pollution from ships, wreck removal and dumping at sea, this enlarged text extends into other modern areas including pollution from offshore operations after Deepwater Horizon, plastics released into the sea, recycling of vessels, polar operations, and the fast-changing restrictions on carbon emissions from ships, as well as safety threats such as cyberattacks, terrorism and modern forms of piracy.

With a highly readable introductory chapter amounting to a book within a book, this is a volume of great importance to all whose work or studies are concerned with marine environmental affairs, whether in government, international bodies, industry, technical organizations, the professions, environmental NGOs, the academic world or other walks of life.

Product Details

ISBN-13:	9780367198282
Publisher:	Taylor & Francis
Publication date:	12/30/2022
Series:	Lloyd's Shipping Law Library
Edition description:	3rd ed.
Pages:	1504
Product dimensions:	6.88(w) x 9.69(h) x (d)

About the Author

Colin de la Rue first saw pollution from ships as a schoolboy in 1967, when oil from the Torrey Canyon came ashore near his home in Guernsey in the world’s first major tanker spill. Ten years later he joined the international law firm Ince & Co, which had represented the ship’s insurers, and soon he was part of a team acting in the major tanker accidents of the 1970s. In his 36 years at the firm he worked with colleagues and overseas lawyers in most major oil spills worldwide, including the Exxon Valdez and several other US incidents, dealing with the implications of pollution in various branches of maritime commerce.

In areas of legal policy and reform he has advised leading industry bodies on various proposals for change. On these and other issues he has given papers at conferences, seminars and universities in many countries around the world.

After leaving practice as a solicitor he devoted time to industry training while continuing to give consultancy advice, and by 2022 he had been involved in over 75 serious incidents in 40 countries. In this new edition he draws on experience of most major events in this field of modern times.

 

Charles B. Anderson retired in 2021 as Senior Vice President and Head of Office of Skuld North America, New York-based representatives of the Skuld P&I Club.

Previously he was a partner in Holland & Knight, where he specialized in admiralty and environmental law. He has represented shipowners, charterers, P&I Clubs and other marine insurers in numerous well known maritime casualty and pollution cases, and for many years taught maritime law at Columbia University Law School. He is a former chairman of the US Maritime Law Association’s Committee on the CMI and a member of its Marine Ecology Committee.

In 1998 he was elected a titulary member of the CMI in recognition of his work in the area of international shipping and environmental law. In 2010 he testified before the US Congress on behalf of the International Group of P&I Clubs on liability and financial responsibility following the Deepwater Horizon oil spill.

He remains active in the maritime industry as a member of the Society of Maritime Arbitrators in New York and a consultant on marine casualties and pollution.

 

Jonathan Hare first entered the maritime field in 1989 on joining the Legal Department of Assuranceforeningen Skuld, a P&I Club in the International Group. He spent the next thirty years based at the Club’s head office in Oslo in a variety of largely claims-related roles before being appointed General Counsel in 2012. He has served as a Special Advisor to Skuld since entering into semi-retirement in 2020.

He gained experience of major tanker spills as a result of handling claims resulting from the Braer and Sea Empress incidents in the 1990s, and contributed to the work of the International Group of P&I Clubs. His experience of major casualties and participation in the International

Group led to regular contact with intergovernmental organisations and industry bodies.

He was a member of the INTERTANKO Documentary Committee for many years and part of the Norwegian delegation to the BIMCO Documentary Committee. He also served as a member of the Board and Advisory Committee of ITOPF.

Table of Contents

PART I – INTRODUCTION, 1. THE ENVIRONMENTAL ASPECTS OF SHIPPING, PART II - LIABILITY AND COMPENSATION FOR OIL POLLUTION DAMAGE, 2. COMPENSATION FROM THE SHIPOWNER UNDER THE CIVIL LIABILITY CONVENTION 1992, 3. COMPENSATION FROM THE INTERNATIONAL OIL POLLUTION COMPENSATION FUNDS, 4. OIL POLLUTION – THE POSITION IN THE UNITED STATES, 5. POLLUTION FROM OFFSHORE OPERATIONS AND CRAFT, 6. POLLUTION FROM SHIPS’ BUNKERS, PART III – COMPENSATION FOR DAMAGE BY HAZARDOUS AND NOXIOUS SUBSTANCES, 7. HNS DAMAGE AND THE HAZARDOUS AND NOXIOUS SUBSTANCES CONVENTION 2010, 8. HNS DAMAGE – THE POSITION IN THE UNITED STATES, PART IV – ADMISSIBILITY AND ASSESSMENT OF CLAIMS, 9. CLAIMS – GENERAL PRINCIPLES, 10. CLEAN-UP OPERATIONS AND OTHER PREVENTIVE MEASURES, 11.DAMAGE TO PROPERTY, 12. ECONOMIC LOSS, 13. DAMAGE TO NATURAL RESOURCES AND COSTS OF RESTORATION, PART V – THE LAW RELATING TO PARTICULAR PARTIES, 14. SALVORS, 15. CHARTERERS AND CARGO OWNERS, 16. SHIP MANAGERS, OPERATORS AND ASSOCIATED PARTIES, 17. THE OWNERS OF COLLIDING SHIPS, 18. PILOTS AND MARITIME AUTHORITIES, 19. SHIP FINANCIERS, 20. P&I CLUBS AND OTHER LIABILITY INSURERS, 21. HULL AND CARGO INSURERS, PART VI – LIMITATION OF LIABILITY, 22. LIMITATION OF LIABILITY FOR POLLUTION AND HNS DAMAGE, PART VII – PREVENTION, REDUCTION AND CONTROL OF DAMAGE TO THE MARINE ENVIRONMENT, 23. INTERNATIONAL RULES TO PREVENT POLLUTION FROM SHIPS, 24.PREVENTION OF POLLUTION FROM SHIPS IN THE UNITED STATES, 25. THE RESPONSE TO AN INCIDENT – INTERNATIONAL CONVENTIONS, 26. THE RESPONSE TO AN INCIDENT – THE POSITION IN THE UNITED STATES, 27. REMOVAL OF WRECKS AND DUMPING AT SEA, 28. SHIPMENT OF WASTE AND DISMANTLING OF VESSELS, 29. ENFORCEMENT OF RULES TO PREVENT POLLUTION, 30. CRIMINAL LIABILITY FOR POLLUTION FROM SHIPS, APPENDIX, INDEX

Editorial Reviews

'Long recognised as the essential reference book for the international maritime community, this third edition of Shipping and the Environment now provides not only updated text on the marine environmental issues featured in earlier editions, but it also addresses the new key areas that are currently shaping law and practice in this fast-developing field.'

Gaute Sivertsen, Director, International Oil Pollution Compensation Funds

'As environmental issues feature ever higher on the global shipping agenda, this new third edition of the most important reference book covering liability and compensation issues in the shipping sector, co-authored by some of the most experienced people in the industry, is a must read.'

Nick Shaw, CEO, International Group of P&I Clubs

'The "Green Bible" is a well-thumbed, go-to reference book at ITOPF, and the updating on latest developments will be unanimously welcomed by all who work in the international maritime sector of pollution. It is excellently organised, informative and comprehensive, written by extremely knowledgeable and respected authors.'

Richard Johnson, Technical Director, ITOPF

'The timing of this, the third edition of Shipping and the Environment, could not be better. This leading work presents an invaluable up-to-date reference to  practitioners, academics and law makers as they grapple with the increasing and pressing challenges presented by the environmental aspects of shipping.'

Ann Fenech, President, Comité Maritime International

'This is a “must-have book” for anyone involved in and responding to a maritime incident – from ship operators, coastal-state and flag-state authorities, surveyors, legal representatives and the salvors themselves. It is written so that even those without a legal background can easily understand the dynamics and issues at play from the legal and insurance perspective.'

Nicholas Sloane, President, International Salvage Union

'Comprehensive in its content, this third and updated edition helps the reader navigate and comprehend the complex world of maritime regulations, law, insurance, salvage and claims. This is an indispensable reference volume for novices, experienced practitioners and academics alike.'

Stephan Hennig, UK Secretary of State’s Representative for Maritime Salvage and Intervention (SOSREP)

 

‘This third edition will be an indispensable source of reference for many years to come, not only for lawyers but for all those who deal with shipping-related environmental issues.’

Måns Jacobsson, former Director, International Oil Pollution Compensation Funds, Lloyd’s Maritime and Commercial Law Quarterly

 

‘This is a prodigious and highly recommended work and deserves a wide readership.’

David Baker, International Group of P&I Clubs, and Tony Paulson, Chairman of the International Group Pollution Committee, Journal of International Maritime Law

 

‘This book has long been considered the “bible” with respect to maritime environmental laws, and the new edition is very timely and welcome.’

John Kimball, Blank Rome LLP, New York, Journal of Maritime Law and Commerce

 

‘Shipping and the Environment retains its place as the preeminent authority on the laws and legal precedents governing oil pollution from vessels, under both U.S. law and international law.’  

Herbert Ray, Schwabe, Williamson & Wyatt, Anchorage, Tulane Law Review

 

‘Shipping and the Environment stands alone in its field. No other work comes close to covering authoritatively and comprehensively the laws relating to shipping and the environment. Every person working in any aspect of the law of shipping should have this work at his/her fingertips.’

Professor Thomas J. Schoenbaum, University of Washington School of Law, Journal of International Maritime Law

 

‘Dans un domaine qui requiert des connaissances spécialisées, c’est une veritable encyclopédie et, incontestablement, un atout majeur dans la bibliothèque de tout avocat qui s’interesse au droit maritime.’

(‘In a field which requires specialist knowledge, this is a veritable encyclopedia and, indisputably, a major asset on the shelves of every lawyer concerned with maritime law.’)

John O’Connor, Langlois Gaudreau O’Connor LLP, Canada, Le Droit Maritime Français

 

‘Readers will gain a comprehensive understanding of the international dynamics and current issues surrounding marine environmental protection.’

Katsuya Tsuda, Yamaguchi Law O‑ice, Journal of the Japan Maritime Law Research Institute

From the Publisher