Criminal Liability for Oil Pollution Damage: An Economic Analysis
MARITIME POLLUTION LIABILITY AND POLICY - CHINA, EUROPE AND THE US, Chapter 10, pp. 161-192, Michael G. Faure, Han Lixin & Shan Hongjun, eds., Kluwer Law International, Alphen a/d Rijn, 2010
41 Pages Posted: 21 Apr 2011
Date Written: April 15, 2011
This paper constitutes a chapter in a book on maritime pollution liability and policy in China, Europe and the U.S. and deals with criminal liability for oil pollution damage from an economic perspective. After an introduction first the economic theory of criminalisation is applied to oil pollution damage, discussing why criminal law may be needed for oil pollution damage. Next optimal sanctions for marine pollution are discussed, also paying attention to alternative sanctions such as restoration, forfeiture of illegal gains and confiscation. The question is also addressed whether there should be corporate criminal liability for oil pollution and criminal liability for oil pollution is also discussed from a practical perspective. Recent evolutions concerning ship source pollution in the EU are discussed as well as the well-known Erika case. Attention is also paid to the empirical evidence concerning the effectiveness of criminal law in preventing oil pollution damage.
Keywords: marine oil pollution, economic analysis, criminalisation, administrative law, criminal law, fines, imprisonment, corporate criminal liability
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