ABSTRACT
Chapter 30 is concerned with a range of issues relating to criminal liability for pollution from ships. It begins with a discussion of liability for violations of MARPOL, noting the different considerations which apply to irregular operational discharges and to accidental pollution. The practice is examined in relation to various forms of evidence, and rules are discussed concerning the different types of penalties which may be imposed as well as factors which courts have taken into account in determining the level of penalties to impose. The IMO Guidelines on Fair Treatment of Seafarers are discussed with reference to highly publicised accidents where mariners were detained on criminal charges which they and the international maritime community found hard to understand. The scope is examined for criminal liability to be incurred under national laws more stringent than international regulations, and a detailed account is given of criminal liability for marine pollution in the US. This includes examination of various federal statutes, general principles relating to imposition of fines, criminal liability of corporate officers and the role of the US Coast Guard in criminal investigations.
