Liability for vessel-source oil pollution : is Directive 2009/123/EC causing more problems than it sought to solve?

Abstract

This thesis commences with ample consideration of the relatively long history of civil liability for vessel-source oil pollution, traced as far back as was possible, assessing it in the light of major oil pollution disasters which were the driving force of amendments to the regime, and of new legislation altogether. Focus is then shifted to the new legislation, notably the unilateral instruments of the US and the EU. With the backdrop of the shortcomings of the international regime, it is noted that the US and the EU pursued the way of unilateralism as a reaction to the perceived weakness of the international regime to effectively address their concerns. Consequently, special attention is paid to the analysis of the EU’s Directive on ship source pollution, which provided for the introduction of penalties for infringements, being the focus of this thesis. This work seeks to illustrate that when all persons involved in the operation of the ship may be exposed to a criminal liability, it is the maritime industry as a whole which will suffer. Suggestions are finally made as to what measures could have been taken as an alternative to criminalisation for the purposes of achieving the same aims as set out by the Directive, or as an addition to the criminalisation regime for the purposes of creating a better regulatory and procedural framework. It couldn’t have been stressed enough that solutions ought to strive for minimum repercussions on the individual players in the maritime industry, without either of whom the industry cannot function.