Liability and Compensation for Offshore Oil Pollution Damage in the Arctic

Kristoffer Svendsen, Ph.D. (2015), The Arctic University of Norway, is an Associate Professor of Law at the University of Stavanger and Kristiania University College, an Assistant Director at Tulane Center for Energy Law, and an Associate Member of Aberdeen University Centre for Energy Law. He has edited books and published articles on liability and compensation for oil pollution, seabed activities, and contractual risk allocation.

• List of Figurepart 1Introduction1 Introduction1.1 Introduction1.2 Background1.3 The Absence of International Legal Agreements Regulating Oil Pollution Damage from Offshore Subsoil Activities1.4 The Barents Sea1.5 Limitations and Assumptions throughout the Book2 Sources of Law in Norway and Russia2.1 Introduction2.2 Sources of Law – Norway2.3 Sources of Law – Russia2.4 Some Comments on Legal Reasoning2.5 Materials Used3 Principles and Considerations in Norwegian and Russian law3.1 Introduction3.2 The Use of the Terminology ‘Legal Principle’ in This Book in Relation to Norwegian and Russian Law3.3 The International Environmental Polluter Pays Principle – from an Economic to a Multi-version Principle3.4 Common Consideration in Norwegian and Russian Law3.5 Norwegian National Considerations with Respect to Chapter 7 of the Petroleum Act3.6 Russian National Considerations3.7 Comparative Notes3.8 Conclusions4 Liability for Pollution Damage in the Barents Sea4.1 Introduction4.2 Liability for Pollution Damage in Norway4.3 Liability for Pollution Damage in Russiapart 2Procedural Law Issues: Choice-of-Law, and Recognition and Enforcement of Foreign Judgments5 Choice of Law Rules in the Petroleum Act and the Civil Code5.1 Introduction5.2 Two Cross-Border Pollution Scenarios5.3 A Harmed Russian Party Filing a Claim for Compensation in a Norwegian Court for Harm Inflicted to the Russian Party, When Located in the Russian Part of the Barents Sea, by a Norwegian Company Located in the Norwegian Part of the Barents Sea5.4 A Harmed Norwegian Party Filing a Claim for Compensation in a Russian Court for Harm Inflicted to the Norwegian Party Located in the Norwegian Part of the Barents Sea by a Russian Company Located in the Russian Part of the Barents Sea5.5 Conclusion of Choice of Law6 Recognition and Enforcement of Foreign Judgments in National Courts Absent an International Agreement (Enforcement of Norwegian Judgments in Russian Courts and Russian Judgments in Norwegian Courts)6.1 Introduction6.2 European Recognition and Enforcement Regimes of Foreign Judgments in Civil and Commercial Matters6.3 Norwegian Legal Approach to Recognition and Enforcement of Foreign Judgments in Civil and Commercial Matters6.4 Russian Legal Approach to Recognition and Enforcement of Foreign Judgments in Civil and Commercial Matters6.5 Conclusion of Recognition and Enforcement of Foreign JudgmentsPart 3Substantive Law Issues: Examining Compensability through the Concept of Damage, Losses Suffered by Third Parties, and Harm to the Environment and Its Valuation and Calculation7 The Definition and Understanding of the Norwegian Concept of “Damage” under the Petroleum Act and the Russian Concept of “Harm” under the Federal Continental Shelf Law and the Federal Environmental Protection Law7.1 Introduction7.2 Norwegian Law7.3 Russian Law7.4 Comparative Analysis7.5 Conclusion of Chapter 78 Compensability of Losses Suffered by Third Parties: Establishing Protection in Delict Law and Limitation of This Liability through Causation8.1 Introduction8.2 Historical Prelude8.3 Pure Economic Loss and Losses Suffered by Third Parties8.4 Norwegian Law: the Establishment of Protection in Delict Law and Limitation of Liability through Proximity in Causality and Balancing of Interests8.5 Russian Law – the Concept of “Unreceived Income”8.6 Comparative Analysis8.7 Conclusion on Losses Suffered by Third Parties9 Compensability of Harm to the Marine Natural Environment Caused by Petroleum Spills9.1 Introduction9.2 Values Attributable to the Environment9.3 Norwegian Law9.4 Russian Law9.5 Comparative Analysis9.6 Conclusion of Chapter 910 The Valuation and Calculation of Compensable Damage to the Environment10.1 Introduction10.2 The Primary Valuation and Calculation Methods10.3 The Norwegian Approach to Restoration and Replacement Costs10.4 The Russian Approach: Market Valuation and Mathematical Formulas10.5 Comparative Analysis10.6 Conclusion11 Conclusions and Policy Recommendations11.1 Introduction11.2 Conclusions and Summary of the Book11.3 Policy RecommendationsAnnexesBibliographyIndex