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An examination of the inadequacy of the wording of the damage claim provisions of the Oil Pollution Act of 1990, resulting in interpretative legal difficulties as revealed by claims stemming from the Deepwater Horizon Oil Spill
Includes bibliographical references.
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| Other Authors: | |
| Format: | Thesis |
| Language: | English |
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Shipping Law Unit
2015
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| _version_ | 1867613674948001792 |
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| access_status_str | Open Access |
| author | Bradley, Martha Magdalena |
| author2 | Bradfield, Graham |
| author_browse | Bradfield, Graham Bradley, Martha Magdalena |
| author_facet | Bradfield, Graham Bradley, Martha Magdalena |
| author_sort | Bradley, Martha Magdalena |
| collection | Thesis |
| description | Includes bibliographical references. |
| format | Thesis |
| id | oai:open.uct.ac.za:11427/12857 |
| institution | University of Cape Town (South Africa) |
| language | eng |
| last_indexed | 2026-06-10T12:39:54.767Z |
| license_str | Not specified — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository |
| publishDate | 2015 |
| publishDateRange | 2015 |
| publishDateSort | 2015 |
| publisher | Shipping Law Unit |
| publisherStr | Shipping Law Unit |
| record_format | dspace |
| source_str | UCTD — University of Cape Town Open Access Repository |
| spelling | oai:open.uct.ac.za:11427/12857 An examination of the inadequacy of the wording of the damage claim provisions of the Oil Pollution Act of 1990, resulting in interpretative legal difficulties as revealed by claims stemming from the Deepwater Horizon Oil Spill Bradley, Martha Magdalena Bradfield, Graham Shipping Law Includes bibliographical references. The United States Oil Pollution Act 1990 (OPA), contains a provision, s1002(b) (2), that sets out six categories or kinds of damage that may be recovered from a ‘responsible party’ liable for losses resulting from damage caused by the discharge of oil in United States (US) waters. The provision was drafted with the purpose of facilitating a predictable and just outcome for claimants against such a responsible party. The central argument of this dissertation is that the intended purpose is undermined by difficulties in interpreting certain of these provisions, and that, if these provisions are to achieve their objective, they require legislative amendment and that such reform is urgent. The BP Spill highlighted the issue of the lack of clarity in the claims provisions of the OPA as well as revealing the potentially catastrophic and widespread effect that a spill of this magnitude can have. 2015-05-26T14:09:17Z 2015-05-26T14:09:17Z 2014 Master Thesis Masters LLM http://hdl.handle.net/11427/12857 eng application/pdf Shipping Law Unit Faculty of Law University of Cape Town |
| spellingShingle | Shipping Law Bradley, Martha Magdalena An examination of the inadequacy of the wording of the damage claim provisions of the Oil Pollution Act of 1990, resulting in interpretative legal difficulties as revealed by claims stemming from the Deepwater Horizon Oil Spill |
| thesis_degree_str | Master's |
| title | An examination of the inadequacy of the wording of the damage claim provisions of the Oil Pollution Act of 1990, resulting in interpretative legal difficulties as revealed by claims stemming from the Deepwater Horizon Oil Spill |
| title_full | An examination of the inadequacy of the wording of the damage claim provisions of the Oil Pollution Act of 1990, resulting in interpretative legal difficulties as revealed by claims stemming from the Deepwater Horizon Oil Spill |
| title_fullStr | An examination of the inadequacy of the wording of the damage claim provisions of the Oil Pollution Act of 1990, resulting in interpretative legal difficulties as revealed by claims stemming from the Deepwater Horizon Oil Spill |
| title_full_unstemmed | An examination of the inadequacy of the wording of the damage claim provisions of the Oil Pollution Act of 1990, resulting in interpretative legal difficulties as revealed by claims stemming from the Deepwater Horizon Oil Spill |
| title_short | An examination of the inadequacy of the wording of the damage claim provisions of the Oil Pollution Act of 1990, resulting in interpretative legal difficulties as revealed by claims stemming from the Deepwater Horizon Oil Spill |
| title_sort | examination of the inadequacy of the wording of the damage claim provisions of the oil pollution act of 1990 resulting in interpretative legal difficulties as revealed by claims stemming from the deepwater horizon oil spill |
| topic | Shipping Law |
| url | http://hdl.handle.net/11427/12857 |
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