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By Thomas A. Mensah (auth.), Jürgen Basedow, Ulrich Magnus, Rüdiger Wolfrum (eds.)
In 2007, the foreign Max Planck study university for Maritime Affairs and the foreign Tribunal for the legislations of the ocean (ITLOS), either dependent in Hamburg, made up our minds to set up an annual lecture sequence, the "Hamburg Lectures on Maritime Affairs" – giving individual students and practitioners the chance to give and talk about fresh advancements within the box of maritime affairs. the current quantity collects seven of the lectures held in 2007 and 2008 through Thomas A. Mensah, Krijn Haak, Sergio M. Carbone, Lorenzo Schiano di Pepe, Erik Røsæg, Frank Smeele, Carlos Esplugues Mota and Lucius Caflisch.
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Additional resources for The Hamburg Lectures on Maritime Affairs 2007 & 2008
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Dir. int. priv. proc. 2006, 623; Sergio M. Carbone/Francesco Munari/Lorenzo Schiano di Pepe, The Environmental Liability Directive and liability for damage to the marine environment, Journal of International Maritime Law 2007, 341; Francesco Munari/Lorenzo Schiano di Pepe, Liability for Environmental Torts in Europe: Choice of Forum, Choice of Law and the Case for Pursuing Effective Legal Uniformity, in: The Unification of Choice of Law Rules on Torts and Other Non-Contractual Obligations in Europe, ed.
J. Basedow et al. 1007/978-3-642-04064-1_3, © Springer-Verlag Berlin Heidelberg 2010 21 22 Sergio M. Carbone/Lorenzo Schiano di Pepe VII. The law applicable to liability for environmental torts in Regulation No 864/2007 (“Rome II”): an appraisal ..................................... 46 VIII. Selected bibliography................................................................................... 50 I. Origin and evolution of the uniform liability regime concerning oil pollution damage: the role of the practice and the emergence of a solidaristic approach It is widely recognised that the incident occurring with the Liberian ship Torrey Canyon on 19 March 1967 brought two fundamental problems to light that have accompanied the development of international maritime law over the past decades, namely, on the one hand, the necessity to ensure the possibility for States other than the flag State to regulate the conduct of ships on the high seas for the purpose of eliminating or mitigating the danger of pollution to their marine and coastal environment and, on the other hand, the call for a profound modification of the “ordinary rules of maritime law” with regard to the apportionment of damages caused by the “escape or discharge of oil carried in bulk at sea”, especially in cases where such damages reach “a massive scale”.
This is achieved by channelling claims and legal actions towards a single entity that will eventually be able to recover from the culpable subjects in accordance with the regime applicable to their relationship without prejudice to the possibility that the injured parties file a direct action against them when their default behaviour is intentional or reckless. Uniform Law and Conflicts in Private Enforcement of Environmental Law 35 The 1992 CLC-FUND system has, finally, been criticised for not having adequately balanced the contributions by the oil industry and the maritime industry respectively.