Australian and New Zealand Maritime Law Journal

1999: Conference Proceedings
Articles

How U.S. Environmental Maritime Criminal Law Has Turned 'Crime and Punishment' into 'Mistake and Punishment' - Commentary

PDF
  • Paul Willee

Published 1999-09-25

Keywords

  • marine environment,
  • oil pollution,
  • marine pollution,
  • criminal liability for oil pollution damage,
  • MARPOL 73/78,
  • vicarious liability,
  • strict liability,
  • mens rea,
  • absolute liability,
  • culpability,
  • wilful blindness,
  • criminal negligence,
  • criminal recklessness,
  • incident investigation,
  • Australian Maritime Safety Authority (AMSA),
  • Protection of the Sea (Prevention of Pollution from Ships) Act 1983 (Cth)
    • ...More
    Less

Abstract

Willee provides a commentary on Thomas Russo's paper titled How US Environmental Maritime Criminal Law Has Turned 'Crime and Punishment' into 'Mistake and Punishment'. Willee compares the position on criminal liability for oil pollution in the US to that in Australia, particularly in their respective legislative regimes.

PDF