Published 1997-10-11
Keywords
- US Carriage of Goods by Sea Act,
- Oil Pollution Act 1990 (US),
- oil pollution,
- marine pollution,
- marine environment
- carriage of goods by sea,
- foreign arbitration clause,
- carrier liability,
- choice of forum clause,
- maritime law uniformity,
- Hague-Visby Rules,
- burden of proof,
- error of navigation or management,
- multimodal transport,
- contract of carriage,
- Hague Rules 1924,
- bills of lading,
- limitation of liability,
- natural resource damages,
- natural resource damage assessment ,
- Certificate of Financial Responsibility,
- strict liability,
- pollution clean-up costs,
- unlimited liability,
- Oil Spill Liability Trust Fund,
- criminal liability resulting from oil spill ...More
Abstract
Chalos presents this paper as part of Business Session 7, speaking on the topic of recent maritime developments in America. Chalos focuses on recent proposed changes to the US Carriage of Goods by Sea Act, as well as the promulgation and implementation of certain rules and regulations relating to the Oil Pollution Act of 1990. In the first part of the paper, Chalos sets out a comparison of the provisions of the US COGSA to the proposed changes, then discusses major provisions of the Oil Pollution Act of 1990, the implementation and implications of recent regulations relating to natural resource damage assessments and Certificates of Financial Responsibility, as well as interpretations of the Act by the US courts.