OIL-SPILL IN BERMUDA: A CASE STUDY OF EFFECTIVE LITIGATION

In 1976, a small oil spill occurred in Hamilton Harbor, Bermuda. Oil samples from the harbor and holds of 3 suspect ships were taken immediately and analyzed by GC. The shape of the unresolved complex and the heights of the small peaks were the identifying factors in this analysis. Circumstantial and chemical evidence were strong in this case, and the captain of the cruise liner Statendam admitted to discharging polluted ballast into the harbor. The captain was found guilty of violating the Oil Pollution Act of 1973 by a lower court; upon appeal to the Bermuda Supreme Court, the conviction was upheld, the decision imposing absolute liability on the master of a vessel for any polluting discharges. The case sets a precedent for how swift sampling, use of uncomplicated analysis, and strong circumstantial evidence were used to get a conviction. The recent extention of territorial water to 200 nautical miles may make stringent pollution control more possible than in the past.

  • Corporate Authors:

    Elsevier Science S.A.

    P.O. Box 564
    CH-1001 Lausanne 1,   Switzerland 
  • Authors:
    • Sleeter, T D
    • Butler, J N
  • Publication Date: 1978

Media Info

  • Features: References;
  • Pagination: p. 21-24
  • Serial:

Subject/Index Terms

Filing Info

  • Accession Number: 00189089
  • Record Type: Publication
  • Source Agency: Data Courier, Incorporated
  • Files: TRIS
  • Created Date: Mar 28 1979 12:00AM