Civil Liability for Marine Oil Pollution Damage in the BRICS Countries

Until the 20th century, most countries around the world focused on developing the benefits of maritime transport and paid little attention to oil pollution from ships. The truth of the matter is that the development of marine transportation was a leading cause of marine pollution. Today, marine oil pollution is considered a dangerous source of contamination of the marine environment, and the oil pollution from ships is the source that draws the greatest concern. This concern clearly is felt by the BRICS countries, whose members, with vast seas adjacent to their landmasses, are keenly interested in preserving and protecting the marine environment against pollution, including marine pollution caused by oil from ships. The BRICS member states are countries with large economies and significant influence on regional and global issues. In recent years they have played a vital role in the world economy in terms of total production, destinations for investment capital and potential consumer markets. Therefore, the development and improvement of the laws of these countries relating to civil liability for marine pollution damage have significance for protecting the marine environment. This paper explores the legal regimes relating to civil liability for marine pollution damage at the international level and in the BRICS member states. It compares the differences in the domestic legislation of the BRICS countries pertaining to civil liability for marine pollution damage and concludes with recommendations for better implementation.

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The best way to the protection of the marine environment from oil spills impacts is the strengthening of available oil spill liability and compensation regimes or the funding of oil spill preparedness and strengthening of oil spill combat capabilities

International Oil Spill Conference Proceedings ◽

10.7901/2169-3358-2017.1.000108 ◽

2017 ◽

Vol 2017 (1) ◽

pp. 2017108

Author(s):

A J M Gunasekara

Keyword(s):

Oil Spill ◽

Marine Environment ◽

Oil Spills ◽

Oil Pollution ◽

Marine Pollution ◽

Civil Liability ◽

Economic Loss ◽

The Past ◽

Funding Mechanism ◽

Coastal And Marine Environment

The total volume of oil spilled and the number of spills has declined significantly over the past forty years. However, oil spills are no longer considered as an unavoidable. The ship source oil pollution still remains a potentially important risk to the local economies and the marine environment which can cause major economic loss and severe damages to the coastal and marine environment. The international regulatory framework to deal with liability and compensation in the event of ship source oil pollution has evolved over the past three decades. The available international legal regime for oil pollution liability and compensation is playing a great role in governing a discharge of oil into the sea by ensuring liability for polluters and compensation for victims of pollution. Despite the fact that the total cost of the oil spill cannot be compensated through the available international civil liability regime and entire damages caused to the marine environment cannot be compensated or recovered. This paper examined the application and limitations of available liability and compensation mechanism for the protection marine pollution and compare the benefit of the establishment of a funding mechanism for the strengthening of the level of oil spill preparedness and the civil liability regime for the protection of the coastal and marine environment. In addition, this paper reviews the funding mechanism adopted by the countries to the strengthening the level of oil spill preparedness taken into account the polluter pays principle without a putting extra burden for the general taxpayers. The establishment of a system for the funding of oil spill preparedness using the polluter pay principle has immensely helped to improve the oil spill response capabilities and protection of the marine environment of coastal states which adopted a unique funding mechanism by applying the polluter pay principle. This paper recommends the among other thing review the available compensation and liability regime for the protection of the marine environment and recommend to adopt and apply a uniform funding mechanism for the strengthening of the level of oil spill preparedness taken into account the polluter pay principle for the protection of the marine environment and improve the status quo.

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OFFSHORE OIL POLLUTION DAMAGE: IN PURSUIT OF A UNIFORM INTERNATIONAL CIVIL LIABILITY REGIME

The Denning Law Journal ◽

10.5750/dlj.v28i0.1277 ◽

2016 ◽

Vol 28 ◽

pp. 66-108

Author(s):

Jae Sundaram

Keyword(s):

Oil Spill ◽

Oil Pollution ◽

Civil Liability ◽

The United States ◽

Offshore Platforms ◽

International Convention ◽

Marine Oil ◽

Pollution Damage ◽

Offshore Oil ◽

Offshore Operations

A significant amount of marine oil pollution is vessel-source with another being non-vessel-source originating from offshore oil platform operations. The world has witnessed a number of oil spill disasters since the 1950s including the Deepwater Horizon incident in the United States, the Montara Wellhead Platform in Australia and the continuing oil spill incidents in the Niger Delta, Nigeria. Technological advances mean that offshore operators now venture further out from coastlines to explore for, and exploit hydrocarbon reserves, thus increasing the crude oil output, and also the possibility of oil pollution incidents from offshore platforms. The International Convention on Civil Liability for Oil Pollution 1969 and the International Convention on the Establishment of an International Fund for Oil Pollution Damage 1971 were developed under the leadership of the International Maritime Organization in response to the increasing incidents of vessel-source oil pollution of the marine environment. Since the entry into force of these Conventions the membership has increased and the incidents of vessel-source oil pollution reduced. Efforts made by the Comité Maritime International (CMI), as early as in 1977, to develop a uniform civil liability convention for claims arising from offshore operations did not come to fruition, and very little progress has been made in finding a solution. Currently, there is no uniform international civil liability regime in place for oil pollution compensation claims arising for damages caused by offshore operations. This article explores the reasons behind the lack of a coherent legal framework to process civil liability claims arising from offshore oil spill incidents, especially when a comprehensive international regulation exists to govern vessel-source and other related forms of marine oil pollution. It argues that the lack of leadership to find a solution is proving to be highly damaging and that there is a strong case and an urgent need to establish a uniform international offshore oil spill liability regime. The article looks at existing regimes, both regional and national, as a way forward to develop an international regime for oil pollution compensation for damages arising from offshore activities.

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Combating of oil spills by funding of oil spill preparedness vs funding for compensation after the spill events

International Oil Spill Conference Proceedings ◽

10.7901/2169-3358-2021.1.1141590 ◽

2021 ◽

Vol 2021 (1) ◽

Author(s):

A J M Gunasekara ◽

W P J Sathyadith

Keyword(s):

Oil Spill ◽

Marine Environment ◽

Oil Spills ◽

Oil Pollution ◽

Marine Pollution ◽

Civil Liability ◽

The Past ◽

Funding Mechanism ◽

Compensation Mechanisms ◽

Coastal And Marine Environment

• The total volume of oil spilled and the number of spills has declined significantly over the past forty years. However, oil spills are no longer considered as an unavoidable. The ship source oil pollution still remains a potentially important risk to the local economies and the marine environment which can cause major economic loss and severe damages to the coastal and marine environment. The international regulatory framework to deal with liability and compensation for ship source oil pollution has evolved over the past three decades. The available international legal regime for oil pollution liability and compensation is playing a great role in governing the discharge of oil into the sea by ensuring liability for polluters and compensation for victims of pollution. Despite the fact that the total cost of the oil spill cannot be compensated through the available international civil liability regime and entire damages caused to the marine environment cannot be compensated or recovered. This paper examined the application and limitations of available liability and compensation mechanisms for the protection of marine pollution and compares the benefit of the establishment of a funding mechanism for the strengthening of the level of oil spill preparedness and the civil liability regime for the protection of the coastal and marine environment. In addition, this paper reviews the funding mechanism adopted by the countries to strengthen a level of oil spill preparedness taken into account the polluter pays principle without putting the extra burden to general taxpayers. The establishment of a system for the funding of oil spill preparedness using the polluter pay principle has immensely helped to improve the oil spill response capabilities and protection of the marine environment of coastal states which adopted a unique funding mechanism by applying the polluter pay principle. This paper recommends among other things, review the available compensation and liability regime for the protection of the marine environment and recommend to adopt and apply a uniform funding mechanism for the strengthening of the level of oil spill preparedness taken into account the polluter pay principle for the protection of the marine environment and improve the status quo. • Liability, compensation, Preparedness, Polluters pay principle

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THE NOTION OF “POLLUTION DAMAGE,” WITH PARTICULAR REGARD TO DAMAGE TO THE MARINE ENVIRONMENT

International Oil Spill Conference Proceedings ◽

10.7901/2169-3358-1987-1-555 ◽

1987 ◽

Vol 1987 (1) ◽

pp. 555-557

Author(s):

Måns Jacobsson

Keyword(s):

Marine Environment ◽

Oil Pollution ◽

Civil Liability ◽

Economic Loss ◽

Economic Damage ◽

Pure Economic Loss ◽

Pollution Damage ◽

Definition Of ◽

International Conventions ◽

The Impact

ABSTRACT Oil spill incidents may cause damage of several different types: damage to property, consequential loss, pure economic loss, and damage to the environment. The last type presents the greatest problems in connection with liability and compensation, because it is not easily assessed in monetary terms. This paper focuses on the problems relating to non-economic damage to the marine environment and economic loss as a consequence of damage to the environment. Some leading court cases are used to illustrate some of the problems. The definition of “pollution damage” in the international conventions, i.e., the 1969 Civil Liability Convention and the 1971 Fund Convention, is discussed. The position taken by the International Oil Pollution Compensation Fund in respect to claims for non-economic damage to the environment as well as claims for pure economic loss is described. The impact the new definition of this notion in the 1984 protocol to the Civil Liability Convention would have on the law of contracting states is examined.

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Legal Framework for Marine Oil Pollution from Ships in Thailand

The International Journal of Marine and Coastal Law ◽

10.1163/15718085-bja10076 ◽

2021 ◽

Vol 36 (4) ◽

pp. 647-671

Author(s):

Pascal Kany Prud’ome Gamassa

Keyword(s):

Marine Environment ◽

Oil Pollution ◽

Legal Framework ◽

Marine Oil ◽

Pollution Damage ◽

International Conventions

Abstract Marine oil pollution from ships has been a constant threat to Thai waters. This article examines the domestication of the provisions of relevant international conventions to which Thailand is a party regarding the prevention, preparedness, response and compensation of claimants of marine oil pollution damage. The current Thai legal framework does not provide for adequate protection of the marine environment. Thailand has not yet become a party to many relevant international conventions and does not provide adequate compensation to victims of marine oil pollution incidents. This article provides recommendations for the improvement of the legal framework of Thailand regarding these issues.

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Compulsory civil liability insurance, financial security: An integral component of compensation for ship-source oil pollution damage

International Journal of Maritime History ◽

10.1177/08438714211017067 ◽

2021 ◽

Vol 33 (2) ◽

pp. 435-441

Author(s):

Pham Van Tan

Keyword(s):

Large Scale ◽

Oil Spills ◽

Oil Pollution ◽

Civil Liability ◽

Economic Loss ◽

Liability Insurance ◽

Financial Security ◽

Pollution Damage ◽

Significant Harm ◽

Oil Tankers

Oil pollution damage caused by oil spills at sea generally occurs on a large scale across numerous regions and countries, causing significant harm to marine ecosystems as well as worldwide economic loss. The costs are so severe in many instances that the owner of the ship responsible for the pollution cannot afford to pay compensation to those who have suffered loss. As a consequence, the need to cover oil pollution damages has given rise to compulsory liability insurance, which provides a financial guarantee against the costs of oil spills. Compulsory civil liability insurance has therefore become an indispensable part of the liability regime for owners of oil tankers and bunkers.

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