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Civil and criminal liability as mechanisms for the prevention of oil marine pollution : the Erika case

Kopela, Sophia (2011) Civil and criminal liability as mechanisms for the prevention of oil marine pollution : the Erika case. Review of European Community and International Environmental Law, 20 (3). pp. 313-324.

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Abstract

An efficient international system for the prevention of oil marine pollution is dependent upon the provision of effective deterrence mechanisms. Effective and adequately severe sanctions should be part of this system. Growing concerns regarding accidents causing extensive oil marine pollution have led to criticism regarding the lack of a deterrence effect for the international civil liability regime. French criminal courts in the Erika case have interpreted the international civil and criminal liability regimes in a radical, though inspiring, way. This article analyzes the approach of the French courts with regard to criminal liability for oil marine pollution, channelling of civil liability and claims for environmental damage per se. It concludes by identifying the impact of these judgments on the future of the international liability regimes for oil pollution damage, especially considering their role as mechanisms for the prevention of oil marine pollution

Item Type: Article
Journal or Publication Title: Review of European Community and International Environmental Law
Subjects: K Law > K Law (General)
Departments: Faculty of Arts & Social Sciences > Law School
ID Code: 57978
Deposited By: ep_importer_pure
Deposited On: 30 Aug 2012 10:09
Refereed?: Yes
Published?: Published
Last Modified: 10 Apr 2014 00:05
Identification Number:
URI: http://eprints.lancs.ac.uk/id/eprint/57978

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