The Legal Regime of Offshore Oil Rigs in International Law

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ISBN: 9780754621935 | 0754621936
Cover: Hardcover
Copyright: 11/28/2001

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The book is intended to review and examine the relevant portions of all international treaties, cases and the national law and practice of States in relation to international aspects of offshore oil rigs, in order to gain an understanding of the legal regime surrounding oil rigs and to formulate an international law framework based on that understanding.

Preface

Foreword

xii

Abbreviations

xiv

Introduction

(10)

The General Purpose of the Book

(1)

The Current State of Knowledge and Existing Literature

(2)

The Issues Under Consideration

(3)

The Scope and Perspective of the Book

(1)

Outline and Structure of the Book

(4)

Introduction

(1)

Types and Physical Nature of Offshore Oil Rigs

(1)

The Legal Status of Oil Rigs

(1)

Jurisdiction of States in Relation to Oil Rigs

(1)

Protection of Oil Installations

(1)

Environmental Issues in Relation of Offshore Oil Rigs

(1)

The Decommissioning of Offshore Oil Rigs

(1)

The Conflict Between the Use of Oil Rigs, Navigation and Other Uses of the Sea

(1)

Conclusions

(1)

Notes

(1)

Types and Physical Nature of Offshore Oil Rigs

(9)

Introduction

(1)

Early Oil Rig History

(1)

Facts and Statistics About Oil Rigs

(1)

Classification of Oil Rigs and Platforms

(5)

Mobile Units

(4)

Fixed Units

(1)

Conclusions and Comments

(3)

Notes

(3)

The Legal Status of Offshore Oil Rigs

(49)

Introduction

(1)

Oil Rigs as `Ships'

(21)

Definition of `Ship' in Municipal Law

(3)

`Mobile Oil Rigs' as `Ships' in Municipal Law

(3)

Fixed Oil Rigs as Ships in Municipal Law

(1)

`Ships' and `Oil Rigs' in International Law

(12)

Oil Rigs as Ships in the Practice of States

(1)

Conclusion

(1)

Oil Rigs as Artificial Islands

(2)

Oil Rigs as a Separate Category

(5)

Oil Rigs Under the 1982 LOSC

(3)

Conclusion

(17)

Notes

(16)

Jurisdiction of States in Relation to Oil Rigs

(53)

Introduction

(1)

State Rights to Construct Oil Rigs

(19)

Within Internal Waters

(1)

In the Territorial Sea

(4)

In the Exclusive Economic Zone

(2)

In the Area of the Continental Shelf

(6)

On the High Seas

(3)

In the International Seabed Area

(2)

Control and Exercise of Jurisdiction Over Oil Rigs

(19)

Criminal Jurisdiction

(11)

Civil Jurisdiction

100

(3)

Jurisdiction in Relation to Customs, Fiscal Matters and Immigration

103

(4)

Conclusion

107

(15)

Notes

109

(13)

Protection of Offshore Oil Rigs

122

(24)

Introduction

122

(1)

Laws and Regulations of the Coastal State in the Territorial Sea

123

(2)

Safety Zones Around Oil Rigs

125

(4)

History of Safety Zones

126

(1)

The Breadth of the Safety Zone

126

(2)

Types of Oil Rigs which May be Protected by the Safety Zone

128

(1)

Conclusions and Comment on Safety Zones

129

(1)

IMO Resolutions

129

(3)

Resolution A.621(15)

130

(1)

Resolution A. 671(16)

131

(1)

Comment on IMO Resolutions

132

(1)

The 1988 Protocol for the Prevention and Suppression of Terrorism Against Fixed Platforms on the Continental Shelf

132

(3)

State Practice

135

(2)

Conclusion

137

(9)

Notes

138

(8)

Environmental Issues Relating to Offshore Oil Rings

146

(44)

Introduction

146

(1)

Nature of the Problem

147

(1)

Sources of Pollution from Oil Rigs

148

(2)

Pollution from Seabed Activities

148

(1)

Pollution from Land Based Sources

149

(1)

Pollution by Dumping

149

(1)

Applicable International Law

150

(17)

International Customary Law and General Principles of Law

150

(2)

Global Conventions

152

(6)

Regional Conventions

158

(7)

Evaluation of Global and Regional Treaties

165

(2)

International State Responsibility

167

(2)

Civil Liability for Environmental Harm Resulting from Petroleum Production from Oil Rigs

169

(7)

LOSC

169

(2)

The 1976 Civil Liability Convention

171

(1)

The Nordic Convention

172

(1)

The 1976 Offshore Pollution Liability Agreement (OPOL)

172

(1)

Evaluation of Existing Treaties Relating to Civil Liability for Environmental Harm Resulting from Offshore Activities

173

(1)

Domestic Regulations

174

(2)

Conclusion

176

(14)

Notes

177

(13)

The Decommissioning of Offshore Oil Rigs

190

(38)

Introduction

190

(1)

Problems of Dumping Platforms at Sea

191

(1)

Environmental Issues

191

(1)

Health and Safety Implications

191

(1)

Economic Impact

192

(1)

Public Concern

192

(1)

Comment on the Problems of Dumping Platforms at Sea

192

(1)

Disposal Options

192

(3)

Leave in Place

193

(1)

Alternative Use

193

(1)

Moving to Shore for Recycling

193

(1)

Artificial Reefs

194

(1)

Total and Partial Removal

194

(1)

Comment on Disposal Options

195

(1)

International Law Provisions Relating to Decommissioning of Oil Installations

195

(22)

Worldwide Conventions

195

(10)

Regional Conventions

205

(6)

Domestic Legislation and State Practice

211

(6)

Conclusion

217

(11)

Notes

219

(9)

The Conflict Between the Use of Oil Rigs, Navigation and Other Uses of the Sea

228

(29)

Introduction

228

(1)

Conflict with Fisheries

229

(7)

On the Continental Shelf

230

(1)

In the EEZ

230

(4)

On the High Seas

234

(2)

Conflict with Navigation

236

(5)

In the EEZ and Continental Shelf

236

(4)

In the High Seas

240

(1)

Conflict with Laying of Cables and Pipelines

241

(2)

Conflict with Other Uses of the Sea

243

(5)

Artificial Islands and Structures for Purposes Other Than the Exploration and Exploitation of the Natural Resources of the Sea

243

(1)

Conflict with Marine Scientific Research

244

(3)

Conflict with Recreational Activities and Dredging

247

(1)

Conclusion

248

(9)

Notes

249

(8)

Conclusions

257

(9)

Introduction

257

(1)

What was Done

257

(1)

Findings

257

(4)

Recommendations

261

(5)

Suggestions for Each Significant Legal Issue

261

(2)

General Recommendation

263

(2)

Notes

265

(1)

Bibliography

266

(17)

Table of Treaties

283

(4)

Table of Cases

287

(2)

Table of Statutes

289

(10)

Index

299

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The Legal Regime of Offshore Oil Rigs in International Law

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