InternationalLaw and Global Business
InternationalLaw and Global Business
Overthe last several decades, there have been a number of incidentsinvolving oil spills that have left shocking images to theenvironment, and especially causing tremendous negative effect to theaquatic life. These negative effects associated with oil spills hasover time led to the formation and enactment of differentlegislations implemented to minimize damages that are caused by oilspills. There are rules and which has been formed to make spills lesslikely.
Oneof the major legislation that has been in use since 1990 is the OilPollution Act (OPA) (Hay,2010).This was signed into law in the year 1990, which was as a response tothe increasing public concern after the Exxon Valdez incident. TheOPA formation led to the improvement of the ability for nations toprevent and respond to oil spills. The law helped identify provisionswhich expanded the federal government`s ability to finance and toprovide relevant resources that are essential to respond to oilspills. It’s through the formation and enactment of the OPAlegislation, the Oil-Spill-Liability-Trust-Fund was created. Theestablishment was formed to give financial help in case of spillincidents. Through the OPA, all the relevant bodies, such as thevessel owners, companies, governments and the environment protectionagencies must prepare their own response plans in case of oil spills.Other highlights of the law include enhanced penalties for oilspillers, double hulls in new tankers, companies to create spillscenario before oil drilling (Hay,2010).
Inaddition to OPA legislation, another key legislation in reference toreducing the harm caused by oil spills is the CleanWater Act.This act is involved with point and non-point pollution sources tothe water bodies. Under the CWA, there is the “OilSpill Control, Prevention and Counter Measures programshortened as SPCC. The main initiative of the program is to preventoil spill either from above ground or underground sources. Thelegislation outlines the requirements that should be put in place forthe prevention and preparedness and response to cases of oil spillsand discharges. Just like the OPA, SPCC has an established set ofregulations and requirements that must be achieved by all theinvolved parties with reference to oils production and transportationand in turn the prevention of oils spills, hence preventing thedamaging effects of the spills (Hay,2010).
Wetlandsare areas that are water saturated either seasonally or permanently.The areas are very important as they have different uses and in turn,they are frequently protected from being damaged. In the case of theUnited States, the country is a member of the Ramsar convention,which is an international treaty enacted for the conservation andutilization of wetlands. The most important regulatory implement usedto guard wetlands in the USA is the section 404 of the famous cleanwater act. One of the effective measures used to protect the wetlandsin the US is the enactment of laws in reference to the protection ofthe areas such as the clean water act. Moreover, there has been theuse of economic incentives and disincentives implemented to protectthe wetland regions. In addition to the implementation of laws, therehas been the takeover of the individual or private wetlands byrelevant bodies for protections. Governments such as countygovernments have encouraged private individuals to hand over theirwetlands for them to be protected by the government agencies (Hay,2010).
Inbrief overview, a disclaimer of liability is a statement that is setby one party, to another explaining a harm that may be experiencedand in turn trying to release a disclaimer describing a party fromany liability that may be related to the mentioned harm. Disclaimersmostly associate with contract law, among other laws. Differentbusinesses have different ways to disclaim liability in case of anyloss or damage of a bailed property. Examples of business thatattempts to disclaim liability in case of loss or damage include drycleaning and automobile businesses (Sherry& Sherry, 1999).
Oneof the examples is the DryCleaning Business/establishmentsin the locality. The business entails receiving of clothes, drycleaning and restoration of the material as well as returning thegarments to the clients. The business entails a set of precautions tofollow so as to be an effective dry cleaner. With the use of asolvent, it’s vital to observe different aspects in order topreserve the client’s garments. Examples of language, of drycleaners attempted disclaimers of liability include explanations ofuncollected goods. Clothes may be regarded as uncollected if theclient doesn’t return to claim them, didn’t tell the dry cleanerwhat to do with them or else when the client cannot be contacted.Garments once damaged through the cleaning process are cannot becollected before they are repaired. It’s the client’s liabilityto provide all the relevant information with reference to thegarments provided for dry cleaning. In case of damage due to wronginformation, the dry cleaning agent isn’t liable for the damage.
Anotherexample of a business that attempt to disclaim liability for loss ordamage is the AutomobileMechanics.This business entails the diagnosing of problems in cars or trucksthat has broken down. The work entails use of high tech skills toinspect, maintain and repair automobiles and trucks, which run ongasoline and other alternative fuels. Over the time, the job businesshas incorporated sophisticated automotive technology requiring vastcompute knowledge in the automotive field. For example, of messageswithin the automobile business include “in no event shall thebusiness be liable for indirect, incidental, direct, consequential ornay other damages, whatsoever whether in action or otherwise.
Hay,J. (2010). How efficient can international compensation regimes be inpollution prevention?
Adiscussion of the case of marine oil spills. InternationalEnvironmental Agreements: Politics, Law & Economics, 10(1),29-44.
Sherry,J. E. H., & Sherry, J. H. (1999). Thelaws of innkeepers: For hotels, motels, restaurants,
andclubs.Ithaca: Cornell University Press.