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Full-Text Articles in Law
Liability For Marine Pollution From Offshore Operations, A William Moreira, Cecily Strickland, David Henley
Liability For Marine Pollution From Offshore Operations, A William Moreira, Cecily Strickland, David Henley
Dalhousie Law Journal
This paper addresses various aspects of liability for marine pollution arising from offshore operations. The myriad of provincial, federal and international instruments which are relevant to pollution in the offshore generates complex compliance and liability issues. An operator may be subject to both criminal and civil liability for pollution under several different legislative regimes. This paper is divided into two parts. First, compliance considerations are reviewed with the primary compliance requirements under the various acts and regulations applicable to offshore operations highlighted. In the second part, the extent of civil liability for marine pollution is examined.
Key Issues In The New Regime Of Occupational Health And Safety: The Right To Refuse Work And Directors' And Officers' Liability, Jim Thistle, Matthew Clarke, Joshua Martin
Key Issues In The New Regime Of Occupational Health And Safety: The Right To Refuse Work And Directors' And Officers' Liability, Jim Thistle, Matthew Clarke, Joshua Martin
Dalhousie Law Journal
This article examines the existing and proposed occupational health and safety regulatory regimes for oil and gas operations offshore Nova Scotia and Newfoundland and Labrador The article provides historical context for both the existing and the proposed regimes. Two specific areas of concern are analysed: the right to refuse work and directors' and officers' liability. For each issue, the author offers observations on the potential impacts that the implementation of proposed legislation will have on offshore oil and gas operations in these jurisdictions
The Allocation Of Civil Liability For Damage To The Marine Environment In The New Canadian Law Of Merchant Shipping, Or The Polluter Pays How Much?, Hugh M. Kindred
The Allocation Of Civil Liability For Damage To The Marine Environment In The New Canadian Law Of Merchant Shipping, Or The Polluter Pays How Much?, Hugh M. Kindred
Dalhousie Law Journal
Infrequent but catastrophic incidents of pollution by ships have attracted worldwide attention to the regulation of the merchant shipping industry for the protection of the marine environment. Under the detailed legal regime that has been established, ships and their owners are held strictly liable for the pollution of the oceans that they cause. Less well known but equally well established are other principles of maritime law that allow shipowners to limit their liability for the expense and damage their polluting ships incur. Canada has recently undertaken a major reform of its shipping laws and, in the process, it has revamped …
Liability For Damage To The Marine Environment From Ships, Michael White
Liability For Damage To The Marine Environment From Ships, Michael White
Dalhousie Law Journal
Marine pollution damage from ships is not a major problem in Australian jurisdictions, but there are regular incidents. The Australian law relating to marine pollution from ships closely follows the international conventions. Australia is a party to almost all of the relevant IMO conventions and, as is required for common law countries, the domestic legislation to give effect to them needs to be put in place. This has been done for the most part by the Commonwealth, the states and the Northern Territory as Australia is a federation. The Commonwealth and the states have established adequate enforcement resources for the …