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A Global Liability Regime for Offshore Petroleum Pollution Damage Resulting from Exploration and exploitation of the Sea Bed: Is It Viable? / Tabetha C. Kurtz Shefford

Swansea University Author: Tabetha C. Kurtz Shefford

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DOI (Published version): 10.23889/Suthesis.41141

Abstract

Since the 1970s, when the offshore oil industry was just venturing into deep waters, there has been discussion on the possibility of establishing a civil liability regime which would cover oil spill pollution damage specifically from offshore facilities. Almost a half a century and several devastati...

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Published: 2016
Institution: Swansea University
Degree level: Doctoral
Degree name: Ph.D
URI: https://cronfa.swan.ac.uk/Record/cronfa41141
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first_indexed 2018-07-27T13:33:21Z
last_indexed 2020-09-04T03:02:56Z
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fullrecord <?xml version="1.0"?><rfc1807><datestamp>2020-09-03T08:17:39.9358202</datestamp><bib-version>v2</bib-version><id>41141</id><entry>2018-07-27</entry><title>A Global Liability Regime for Offshore Petroleum Pollution Damage Resulting from Exploration and exploitation of the Sea Bed: Is It Viable?</title><swanseaauthors><author><sid>43381ba575003389362f1ade6ae631f4</sid><ORCID>NULL</ORCID><firstname>Tabetha C.</firstname><surname>Kurtz Shefford</surname><name>Tabetha C. Kurtz Shefford</name><active>true</active><ethesisStudent>true</ethesisStudent></author></swanseaauthors><date>2018-07-27</date><abstract>Since the 1970s, when the offshore oil industry was just venturing into deep waters, there has been discussion on the possibility of establishing a civil liability regime which would cover oil spill pollution damage specifically from offshore facilities. Almost a half a century and several devastating offshore spills later, we are still no closer to making that civil liability regime a reality. The question is why.Civil liability is one of those curious areas of law in which there are waves of interest (usually reactionary) where much ado is made of the importance of establishing such a regime, but little seems to manifest concretely as a result. It could be possible that the it is the wrong political climate in which to bring about such an ambitious convention (although grander, wider and more difficult conventions have been ratified in the past), but considering the most recent incident, i.e. the Deepwater Horizon in the Gulf of Mexico &#x2013; the worst in American history and the biggest offshore spill in the world, the question remains: what exactly would offer sufficient motivation to call for a global regime? It could be that there is no desire for one in the first place &#x2013; past failures and recent meetings in the IMO Legal Committee would certainly lend themselves well to this theory, or it may be possible that there is political drive but the it is the substance of the regime itself which has stalled the engine.The aim of this thesis is to explore the current political and legal landscape of offshore civil liability in order to ascertain whether a global liability regime is desired by the international community. If that question is answered in the affirmative, then whether it is best suited as a global convention, or in some other format. To aid in answering this second question, case studies of various states have been carried out to see what lessons can be learned and transposed into the potential regime.</abstract><type>E-Thesis</type><journal/><publisher/><keywords/><publishedDay>31</publishedDay><publishedMonth>12</publishedMonth><publishedYear>2016</publishedYear><publishedDate>2016-12-31</publishedDate><doi>10.23889/Suthesis.41141</doi><url/><notes>Due to Embargo and/or Third Party Copyright restrictions, this thesis is not available via this service.</notes><college>COLLEGE NANME</college><department>Law</department><CollegeCode>COLLEGE CODE</CollegeCode><institution>Swansea University</institution><degreelevel>Doctoral</degreelevel><degreename>Ph.D</degreename><apcterm/><lastEdited>2020-09-03T08:17:39.9358202</lastEdited><Created>2018-07-27T10:38:41.2819424</Created><path><level id="1">Faculty of Humanities and Social Sciences</level><level id="2">Hilary Rodham Clinton School of Law</level></path><authors><author><firstname>Tabetha C.</firstname><surname>Kurtz Shefford</surname><orcid>NULL</orcid><order>1</order></author></authors><documents/><OutputDurs/></rfc1807>
spelling 2020-09-03T08:17:39.9358202 v2 41141 2018-07-27 A Global Liability Regime for Offshore Petroleum Pollution Damage Resulting from Exploration and exploitation of the Sea Bed: Is It Viable? 43381ba575003389362f1ade6ae631f4 NULL Tabetha C. Kurtz Shefford Tabetha C. Kurtz Shefford true true 2018-07-27 Since the 1970s, when the offshore oil industry was just venturing into deep waters, there has been discussion on the possibility of establishing a civil liability regime which would cover oil spill pollution damage specifically from offshore facilities. Almost a half a century and several devastating offshore spills later, we are still no closer to making that civil liability regime a reality. The question is why.Civil liability is one of those curious areas of law in which there are waves of interest (usually reactionary) where much ado is made of the importance of establishing such a regime, but little seems to manifest concretely as a result. It could be possible that the it is the wrong political climate in which to bring about such an ambitious convention (although grander, wider and more difficult conventions have been ratified in the past), but considering the most recent incident, i.e. the Deepwater Horizon in the Gulf of Mexico – the worst in American history and the biggest offshore spill in the world, the question remains: what exactly would offer sufficient motivation to call for a global regime? It could be that there is no desire for one in the first place – past failures and recent meetings in the IMO Legal Committee would certainly lend themselves well to this theory, or it may be possible that there is political drive but the it is the substance of the regime itself which has stalled the engine.The aim of this thesis is to explore the current political and legal landscape of offshore civil liability in order to ascertain whether a global liability regime is desired by the international community. If that question is answered in the affirmative, then whether it is best suited as a global convention, or in some other format. To aid in answering this second question, case studies of various states have been carried out to see what lessons can be learned and transposed into the potential regime. E-Thesis 31 12 2016 2016-12-31 10.23889/Suthesis.41141 Due to Embargo and/or Third Party Copyright restrictions, this thesis is not available via this service. COLLEGE NANME Law COLLEGE CODE Swansea University Doctoral Ph.D 2020-09-03T08:17:39.9358202 2018-07-27T10:38:41.2819424 Faculty of Humanities and Social Sciences Hilary Rodham Clinton School of Law Tabetha C. Kurtz Shefford NULL 1
title A Global Liability Regime for Offshore Petroleum Pollution Damage Resulting from Exploration and exploitation of the Sea Bed: Is It Viable?
spellingShingle A Global Liability Regime for Offshore Petroleum Pollution Damage Resulting from Exploration and exploitation of the Sea Bed: Is It Viable?
Tabetha C. Kurtz Shefford
title_short A Global Liability Regime for Offshore Petroleum Pollution Damage Resulting from Exploration and exploitation of the Sea Bed: Is It Viable?
title_full A Global Liability Regime for Offshore Petroleum Pollution Damage Resulting from Exploration and exploitation of the Sea Bed: Is It Viable?
title_fullStr A Global Liability Regime for Offshore Petroleum Pollution Damage Resulting from Exploration and exploitation of the Sea Bed: Is It Viable?
title_full_unstemmed A Global Liability Regime for Offshore Petroleum Pollution Damage Resulting from Exploration and exploitation of the Sea Bed: Is It Viable?
title_sort A Global Liability Regime for Offshore Petroleum Pollution Damage Resulting from Exploration and exploitation of the Sea Bed: Is It Viable?
author_id_str_mv 43381ba575003389362f1ade6ae631f4
author_id_fullname_str_mv 43381ba575003389362f1ade6ae631f4_***_Tabetha C. Kurtz Shefford
author Tabetha C. Kurtz Shefford
author2 Tabetha C. Kurtz Shefford
format E-Thesis
publishDate 2016
institution Swansea University
doi_str_mv 10.23889/Suthesis.41141
college_str Faculty of Humanities and Social Sciences
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hierarchy_top_id facultyofhumanitiesandsocialsciences
hierarchy_top_title Faculty of Humanities and Social Sciences
hierarchy_parent_id facultyofhumanitiesandsocialsciences
hierarchy_parent_title Faculty of Humanities and Social Sciences
department_str Hilary Rodham Clinton School of Law{{{_:::_}}}Faculty of Humanities and Social Sciences{{{_:::_}}}Hilary Rodham Clinton School of Law
document_store_str 0
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description Since the 1970s, when the offshore oil industry was just venturing into deep waters, there has been discussion on the possibility of establishing a civil liability regime which would cover oil spill pollution damage specifically from offshore facilities. Almost a half a century and several devastating offshore spills later, we are still no closer to making that civil liability regime a reality. The question is why.Civil liability is one of those curious areas of law in which there are waves of interest (usually reactionary) where much ado is made of the importance of establishing such a regime, but little seems to manifest concretely as a result. It could be possible that the it is the wrong political climate in which to bring about such an ambitious convention (although grander, wider and more difficult conventions have been ratified in the past), but considering the most recent incident, i.e. the Deepwater Horizon in the Gulf of Mexico – the worst in American history and the biggest offshore spill in the world, the question remains: what exactly would offer sufficient motivation to call for a global regime? It could be that there is no desire for one in the first place – past failures and recent meetings in the IMO Legal Committee would certainly lend themselves well to this theory, or it may be possible that there is political drive but the it is the substance of the regime itself which has stalled the engine.The aim of this thesis is to explore the current political and legal landscape of offshore civil liability in order to ascertain whether a global liability regime is desired by the international community. If that question is answered in the affirmative, then whether it is best suited as a global convention, or in some other format. To aid in answering this second question, case studies of various states have been carried out to see what lessons can be learned and transposed into the potential regime.
published_date 2016-12-31T03:52:26Z
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score 11.012678

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