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The Private Law of Ship-Source Pollution

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Part of the WMU Studies in Maritime Affairs book series (WMUSTUD,volume 1)

Abstract

The private law of marine pollution primarily concerns liability for damage caused by pollution and the remedies available to the victim. Indeed, the principal remedy is damages or compensation although a form of remedy in kind is available indirectly as we shall see later in the discussion. In common law legal jargon the term “damages” is not the plural of “damage”, and its meaning is the equivalent of “compensation” in ordinary speech. In the continental civil law system and also in international conventions dealing with pollution damage, “compensation” is the term used which makes comprehension simple and easy. As such, in this discussion we are in the realm of liability and compensation for pollution damage which are the two components of the private law of marine pollution.

Keywords

  • Strict Liability
  • Fund Convention
  • Pollution Damage
  • Supplementary Fund
  • Special Drawing Right

These keywords were added by machine and not by the authors. This process is experimental and the keywords may be updated as the learning algorithm improves.

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Mukherjee, P.K., Brownrigg, M. (2013). The Private Law of Ship-Source Pollution. In: Farthing on International Shipping. WMU Studies in Maritime Affairs, vol 1. Springer, Berlin, Heidelberg. https://doi.org/10.1007/978-3-642-34598-2_15

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