Hostname: page-component-cd9895bd7-jkksz Total loading time: 0 Render date: 2024-12-25T02:02:01.484Z Has data issue: false hasContentIssue false
  • English
  • Français

Regime pluralism and the global regulation of oil pollution liability and compensation

Published online by Cambridge University Press:  12 January 2010

James Harrison
James Harrison*
Affiliation:
Edinburgh School of Lawcor001corresp
*
Get access Rights & Permissions [Opens in a new window]

Abstract

Whilst international law has traditionally been dominated by states, non-state actors today have an increasing influence on many spheres of international life. This paper argues that non-state actors, in particular business interest non-governmental organisations (BINGOs), not only participate actively within those inter-governmental regimes which have been created by states, but they are also able to establish their own private regimes on particular issues in which they have an interest. The global regulation of oil pollution liability and compensation is used as an example to show how inter-governmental and private regimes can overlap and interact with one another. Such interplay poses several challenges for the way in which we understand traditional state-centred international law-making. At the same time, private regimes themselves raise their own questions of legitimacy and effectiveness.

Type
Research Article
Information
International Journal of Law in Context , Volume 5 , Issue 4 , December 2009 , pp. 379 - 391
Copyright
Copyright © Cambridge University Press 2009

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

American Society of International Law (1998) ‘The Challenge of Non-State Actors’, Proceedings of the American Society of International Law 92: 20–36.Google Scholar
Becker, Gordon L. (1973–74) ‘A Short Cruise on the Good Ships TOVALOP and CRISTAL’, Journal of Maritime Law and Commerce 5: 609–632.Google Scholar
Bekiashev, Kamil’ A. and Serebriakov, Vitalĭ (1982) International Marine Organizations. Boston: Martinus Nijhoff.Google Scholar
Birnie, Patricia and Boyle, Alan E. (2002) International Law and the Environment. Oxford: Oxford University Press.Google Scholar
Boyle, Alan E. and Chinkin, Christine (2007) The Making of International Law. Oxford: Oxford University Press.Google Scholar
Bruce Hall, Rodney and Biersteker, Thomas J. (eds) (2002) The Emergence of Private Authority in Global Governance. Cambridge: Cambridge University Press.CrossRefGoogle Scholar
Charnowitz, Steve (2006) ‘Nongovernmental Organizations and International Law’, American Journal of International Law 100: 348–372.CrossRefGoogle Scholar
Cutler, Claire (2002) ‘Private International Regimes and Interfirm Cooperation’ in Rodney, Bruce Hall and Biersteker, Thomas J. (eds) (2002) The Emergence of Private Authority in Global Governance. Cambridge: Cambridge University Press, 23–42.CrossRefGoogle Scholar
Faure, Michael and Wang, Hui (2003) ‘The International Regimes for the Compensation of Oil-Pollution Damage’, Review of European Community and International Environmental Law 12: 242–253.Google Scholar
Griffiths, John (1986) ‘What is Legal Pluralism?’, Journal of Legal Pluralism and Unofficial Law 24: 1–55.CrossRefGoogle Scholar
Hofmann, Rainer (ed.) (1998) Non-State Actors as New Subjects of International Law. Berlin: Duncker and Humblot.Google Scholar
Krasner, Stephen D. (1982) ‘Structural Causes and Regime Consequences: Regimes as Intervening Variables’, International Organization 36: 185–205.Google Scholar
Mertens, Hans-Joachim (1997) ‘Lex Mercatoria: A Self-Applying System beyond National Law?’, in Gunther, Teubner (ed.) Global Law without a State. Aldershot: Dartmouth, 31–44.Google Scholar
M’gonigle, Michael and Zacher, Mark W. (1979) Pollution, Politics and International Law. Berkeley and Los Angeles: University of California Press.Google Scholar
Muchlinski, Peter T. (1997) ‘”Global Bukowina” Examined: Viewing the Multinational Enterprise as a Transnational Law-Making Community’, in Gunther, Teubner (ed.), Global Law without a State. Aldershot: Dartmouth, 79–108.Google Scholar
Santos, Boaventura de Sousa (1995) Toward a New Common Sense. London, New York: Routledge.Google Scholar
Tan, Alan K. (2006) Vessel-Source Marine Pollution. Cambridge: Cambridge University Press.Google Scholar
Teubner, Gunther (1997) ‘Global Bukowina: Legal Pluralism in the World Society’ in Gunther, Teubner (ed), Global Law without a State. Aldershot: Dartmouth, 3–30.Google Scholar
Tully, Stephen (2007) Corporations and International Lawmaking. Boston: Martinus Nijhoff.CrossRefGoogle Scholar
Twining, William (2000) Globalisation and Legal Theory. London: Butterworths.Google Scholar
Vorbach, Joseph E. (2001) ‘The Vital Role of Non-Flag State Actors in the Pursuit of Safer Shipping’, Ocean Development and International Law 32: 27–42.CrossRefGoogle Scholar