Criminal Liability and Vessel-Source Pollution in the European Union and the United States: Inspiration for the Prevention of Vessel-Source Pollution in China?
Abstractrlmposing criminal liability to prevent vessel-source pollution is comparatively explored in this paper in a four-part analysis. Firstly, the international legal sources for imposing criminal liability on vessel-source pollution are briefly mentioned in the introduction. Secondly, the paper analyses the background, causes and impact of the Directive 2005/35/EC, which seeks to criminalize both operational and accidental pollution and applies within European Union (EU) Member States territorial seas as well as exclusive economic zones and on the high seas. It specifically focuses on the farreaching case recently concluded in the European Court of Justice concerning the validity of the Directive 2005/35/EC (Case C-308/06). Clearly, the priority of the EUs policy now is pro-coastal. However, the practice may be difficult to be accepted by the rest of the world because it is potentially in conflict with international law. Thirdly, the unfavorable position of the United States (US) in international treaty law is raised since, e.g. the Us still has not ratified the 1982 United Nations Convention on the Law of the Sea (LOSC). However, the US considers major parts of the LOSC 82 as customary international law and is a contracting party to MARPOL 73/78. Domestic statutes such as the Act to Prevent Pollution from Ships and the Clean Water Act are described. Relevant cases, such as Exxon Valdez and United States of America vs un Yun JHo Overseas Shipholding Group me, are also discussed. Finally, the paper turns to China, a country with huge, expanding shipping interests as well as long coast lines, presenting some ideas on how China can impose criminal liabilities to create incentives to prevent vessel-source pollution.
criminal liability Vessel-source pollution
Liu Nengye Frank Maes
Department of Public International Law / Maritime Institute, Faculty of Law,Ghent University Depart of Public International Law / Maritime Institute, Faculty of Law, Ghent University
国际会议
Intl Conference on Marine Pollution Liability & Policy(国际海洋油污会议--海洋污染责任与政策国际研讨会)
大连
英文
46-63
2009-06-04（万方平台首次上网日期，不代表论文的发表时间）