Global Compensation for Oil PollutionDamages: The Innovations of theAmerican Oil Pollution Act

Date

Sept. 24, 2004

Authors

James Boyd

Publication

Working Paper

Reading time

1 minute
Via technology and operations standards, U.S. regulation exerts an important influence overworldwide marine safety standards. But in addition, several other aspects of U.S. law deserve widerinternational consideration and adoption. First, the Oil Pollution Act’s natural resource damage provisionsare an innovative and effective way to deter marine pollution and provide for the restoration of injuredecological resources. Second, the relatively strict financial requirements imposed on marine transportershelp ensure that polluters, rather than the public, pay if damage is caused. Liability and financialresponsibility rules are not unknown in other countries. But the United States has a longer history withimplementation and applies its rules more expansively. As both environmental concerns and globalmarine trade flows increase, U.S. experience with these rules will be instructive to other nationscontemplating oil pollution reforms.

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