Date of Award

2016

Document Type

Dissertation

Degree Name

Master of Science in Maritime Affairs

Specialization

Maritime Law & Policy

Campus

Malmö, Sweden

Country

Chile

First Advisor

George Theocharidis

Abstract

The dissertation is an analysis on the problem of the prevailing legal lacuna regarding responsibility and liability due transboundary offshore pollution. The investigation starts with the examination of the discussion at IMO and its competence to regulate the offshore industry. Afterwards the discussion at the Legal Committee of IMO is analyzed through the different doctrines developed by the authors and the International Court of Justice. Based on a possible competence of the IMO, we introduce the discussion on which international instrument is appropriate to regulate the legal lacuna. Finally, in the concluding chapters, different international instruments are compared highlighting the most relevant elements to take into consideration. Some elements are discussed at the end of the final chapter presenting the position of the authors regarding the feasibility of the implementation of certain regimes and the economic impacts of enforcing such regulation. As there are certain approaches that lead to socially optimum results, different desirable solutions are evaluated. The need for an economic analysis of the solution is emphasized.

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