Article by James J. Higgins
There are many excellent articles, some of which are referred to herein, that consider the history and development of law dealing with pollution of the oceans and of the territories of littoral nations. Brief references are made in this paper to earlier environmental pollution laws so that the reader may have some necessary background. However, the particular object of this article is to provide a primer of the current state of international and domestic laws affecting shipowners and ship operators and a consideration of these modern laws as they relate to limitation of liability. The law in this area is evolving at such a pace that some of the material herein may be dated by the time it is published. Indeed, as this article is being prepared, the 96th Congress is considering two bills that provide a comprehensive scheme for compensating damage resulting from oil pollution.
The genesis of modern laws dealing with pollution of the oceans and littoral territories began twelve years ago with the Torrey Canyon disaster. On March 18, 1967, at approximately 8:50 a.m., the tanker Torrey Canyon impaled itself on a reef known as Pollard Rock, about eight miles southwest of the English coast, dispersing huge quantities of crude oil along the coasts of Cornwall and Britanny. The ensuing hue and cry galvanized governments into taking protective action through domestic legislation. Uniform international law was sought through conventions to provide for liability and compensation for damage caused by similar disasters in the future. The resulting development of modern pollution laws has produced some confusion and uncertainty.
About the Author
James J. Higgins. J.D. Fordham University 1946. Member of the Bar, New York City. Former President, Maritime Law Association of the United States. Adviser, Department of State, 1969 Brussels Convention, Civil Liability for Oil Pollution.
Citation
53 Tul. L. Rev. 1328 (1979)