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

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dc.contributor.advisorBradfield, Grahamen_ZA
dc.contributor.authorBradley, Martha Magdalenaen_ZA
dc.date.accessioned2015-05-26T14:09:17Z
dc.date.available2015-05-26T14:09:17Z
dc.date.issued2014en_ZA
dc.descriptionIncludes bibliographical references.en_ZA
dc.description.abstractThe 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.en_ZA
dc.identifier.apacitationBradley, M. M. (2014). <i>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</i>. (Thesis). University of Cape Town ,Faculty of Law ,Shipping Law Unit. Retrieved from http://hdl.handle.net/11427/12857en_ZA
dc.identifier.chicagocitationBradley, Martha Magdalena. <i>"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."</i> Thesis., University of Cape Town ,Faculty of Law ,Shipping Law Unit, 2014. http://hdl.handle.net/11427/12857en_ZA
dc.identifier.citationBradley, M. 2014. 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. University of Cape Town.en_ZA
dc.identifier.ris TY - Thesis / Dissertation AU - Bradley, Martha Magdalena AB - 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. DA - 2014 DB - OpenUCT DP - University of Cape Town LK - https://open.uct.ac.za PB - University of Cape Town PY - 2014 T1 - 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 TI - 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 UR - http://hdl.handle.net/11427/12857 ER - en_ZA
dc.identifier.urihttp://hdl.handle.net/11427/12857
dc.identifier.vancouvercitationBradley MM. 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]. University of Cape Town ,Faculty of Law ,Shipping Law Unit, 2014 [cited yyyy month dd]. Available from: http://hdl.handle.net/11427/12857en_ZA
dc.language.isoengen_ZA
dc.publisher.departmentShipping Law Uniten_ZA
dc.publisher.facultyFaculty of Lawen_ZA
dc.publisher.institutionUniversity of Cape Town
dc.subject.otherShipping Lawen_ZA
dc.titleAn 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 Spillen_ZA
dc.typeMaster Thesis
dc.type.qualificationlevelMasters
dc.type.qualificationnameLLMen_ZA
uct.type.filetypeText
uct.type.filetypeImage
uct.type.publicationResearchen_ZA
uct.type.resourceThesisen_ZA
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