INTRODUCTION
OIL POLLUTION AND COMPENSATION LAW
(MODULE CODE: LGC300)
Lecture Contents
LECTURE 1
COMPENSATION FOR OIL POLLUTION DAMAGE
- Legal Framework and the Role of OPOL
- Limitations of OPOL and Compensation Concerns
- National and International Legal Challenges
DEFINITION OF “SHIP” IN SCOTLAND FOR ARREST PURPOSES 4-10
- Challenges in Applying the Limitation Convention 1976 to Floating Platforms • Application of the CLC and Fund Conventions 1992 to Offshore Crafts RECOVERABILITY OF PURE ECONOMIC LOSS
LECTURE 2
OIL POLLUTION CLAIMS AND PUBLIC NUISANCE
- Understanding Public Nuisance in Environmental Contexts
THE LEGAL FRAMEWORK OF PUBLIC NUISANCE
- Case Study: The Sea Empress Oil Spill
- Legal and Economic Repercussions
PUBLIC NUISANCE AS A LEGAL TOOL FOR ENVIRONMENTAL DAMAGE
- The Evolution of Public Nuisance as a Tort 11-14
- Origins of Nuisance in Common Law
- Distinction between Private and Public Nuisance
LECTURE 3
LEGAL PRECEDENTS AND THE EVOLUTION OF PUBLIC NUISANCE 15-17
- The Requirement of Special Damage
- Distinguishing Public Nuisance from Private Nuisance
- Overlapping Nature of Public and Private Nuisance
- Classification of Public Nuisance
- Relevance of Public Nuisance in Modern Oil Pollution Cases
LECTURE 4
THE RECOVERABILITY OF PURE ECONOMIC LOSS IN PUBLIC NUISANCE
- The Role of Public Nuisance in Addressing Economic Loss
- Distinction from Negligence Claims
- Case Law Illustrating Economic Loss Recovery in Public Nuisance
- Essential Elements of Public Nuisance
- Establishing Public Nuisance
LECTURE 5
DETERMINING WHETHER DAMAGE IS DIRECT OR MERELY CONSEQUENTIAL
- The Distinction between Direct and Consequential Damage
- The Approach to “Directness” in Case Law
- Judicial Interpretations and Modern Applications
- Application to Oil Pollution Cases 18-27 28-31
- Assessing Whether a Particular Loss or Damage is a Foreseeable Consequence of Nuisance
- Determining Whether the Particular Damage is Substantial Conclusions
Aim of the Module:
This module aims to provide students with a comprehensive understanding of international and national legal frameworks governing oil pollution from ships and the compensation mechanisms available for damage caused by such pollution. It explores key conventions, liability principles, and the role of regulatory bodies in enforcing compliance and ensuring environmental protection. Learning Outcomes: By the end of this module, learners will be able to:
- Identify and explain the key international conventions related to oil pollution (e.g., MARPOL, CLC, Fund Convention).
- Analyze legal principles of liability and compensation for oil pollution damage.
- Evaluate the effectiveness of current legal and institutional frameworks.
- Apply relevant legal concepts to real-world case studies involving oil pollution incidents.
- Demonstrate awareness of recent developments and challenges in oil pollution law and enforcement.
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Oil Pollution and Compensation Law – LGC300
LGC Full Course Oil Pollution and Compensation Law Brochure INTRO
