THE INTERNATIONAL OIL POLLUTION COMPENSATION FUND: TEN YEARS OF CLAIMS SETTLEMENT EXPERIENCE

1989 ◽  
Vol 1989 (1) ◽  
pp. 509-511 ◽  
Author(s):  
Måns Jacobsson
Keyword(s):  
International Law ◽  
Oil Spill ◽  
Oil Pollution ◽  
Careful Monitoring ◽  
The Past ◽  
Pollution Damage ◽  
Close Cooperation

ABSTRACT The International Oil Pollution Compensation Fund (IOPC Fund) was established in October 1978, pursuant to the 1971 Fund Convention, with the task of providing compensation to victims of oil pollution damage in states party to that convention, to the extent that the victims do not receive adequate compensation from the shipowner and his insurer. During its 10 years of operation, the IOPC Fund has been involved in the settlement of claims arising out of 34 incidents. The fund has developed a reputation for quick settlement of claims. This is based on the fund's careful monitoring of incidents that may lead to claims against the fund, of its readiness to provide information on how to present claims, the well-defined procedures laid down for accepting claims, the discretion given the fund's director in paying compensation, and its close cooperation with shipowners’ protection and indemnity (P & I) clubs. The IOPC Fund's criteria for presentation, documentation, and admissibility of claims are described here, as well as its policies for negotiating with claimants and its definitions of oil pollution. The IOPC Fund's decisions in the past 10 years have contributed to the development and harmonization of international law regarding oil spill liability.

A History Of Major Oil Spill Incidents

1969 ◽  
Vol 1969 (1) ◽  
pp. 5-6 ◽  
Author(s):  
K.E. Biglane
Keyword(s):  
Oil Spill ◽  
Oil Spills ◽  
Oil Pollution ◽  
Pollution Damage ◽  
History Of

Abstract This paper summarizes some of the major oil spills of recent years and discusses some of the causes of these spills and their effects on the environment. Information is presented on research needed to control oil spills and on domestic and international legislation needed to provide compensation for oil pollution damage.

VESSEL RESPONSE PLANS: A TILE IN THE MOSAIC OF THE NATIONAL RESPONSE SYSTEM1

1995 ◽  
Vol 1995 (1) ◽  
pp. 926-926
Author(s):  
Duane Michael Smith
Keyword(s):  
Oil Spill ◽  
Oil Spills ◽  
Oil Pollution ◽  
The Past ◽  
Response System ◽  
National Response ◽  
Vessel Response ◽  
Oil Spill Response

ABSTRACT With the implementation of the Oil Pollution Act of 1990 came the requirement for vessels to develop plans for responding to oil spills from their vessels. While some companies had such plans in the past, the National Response System did not formally recognize their existence. Individual vessel response plans must now be viewed as an integral part of the National Response System. All of the parties that could be involved in an oil spill response must begin to view themselves as one tile of many that make up the mosaic known as the National Response System.

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

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.

Future of the International Conventions on Liability and Compensation for Oil Pollution Damage

1991 ◽  
Vol 1991 (1) ◽  
pp. 689-690
Author(s):  
Måns Jacobsson
Keyword(s):  
United States ◽  
Oil Spill ◽  
Oil Pollution ◽  
Civil Liability ◽  
The United States ◽  
Intergovernmental Organization ◽  
Pollution Damage ◽  
Scope Of Application ◽  
Set Up ◽  
International Conventions

ABSTRACT The international regime on oil spill liability and compensation is based on two international conventions, the 1969 Civil Liability Convention and the 1971 Fund Convention. The Fund Convention establishes an intergovernmental organization, the International Oil Pollution Compensation Fund (IOPC Fund), with the task of administering the regime of compensation set up by that convention. At present, 67 nations are party to the Civil Liability Convention, 45 to the Fund Convention. The United States is not party to either. In 1984, the conventions were revised by two protocols, which provide higher compensation limits and a wider scope of application than the original conventions. These protocols have not yet come into force. The future of the compensation regime established by these conventions is examined here, with special attention to the prospects for the entry into force of the 1984 protocols. At present, the United States will not ratify these protocols.

Continuing Long-Term Studies of the Tropics Panama Oil and Dispersed Oil Spill Sites

2003 ◽  
Vol 2003 (1) ◽  
pp. 259-267 ◽  
Author(s):  
Greg A. Ward ◽  
Bart Baca ◽  
Wendy Cyriacks ◽  
Richard E. Dodge ◽  
Anthony Knap
Keyword(s):  
Crude Oil ◽  
Oil Spill ◽  
Tree Mortality ◽  
Oil Pollution ◽  
Bocas Del Toro ◽  
The Past ◽  
Dispersed Oil ◽  
Present Information ◽  
The Tropics

ABSTRACT The TROPICS (Tropical Oil Pollution Investigations in Coastal Systems) oil spill experiment was conducted on the Caribbean coast of Panama, near Bocas del Toro. In November 1984, crude and dispersed crude oil were released in two separate boom-enclosed areas representative of intertidal mangrove and subtidal seagrass/coral ecosystems. The present information is based on site visits over the past two years, including 2002. Following the degradation of oil over the past 18 years, sheen identified from the spilled oil in 1994 is still visible in non-dispersed Oil Site sediments. In mangroves, previously denuded areas exposed to crude oil are currently occupied by new seedlings and saplings, which are growing rapidly but with morphological prop-root deformations. Tree mortality occurred in both the Dispersed Oil and Reference Sites, but was non-localized and appeared as natural mortality in aged trees. Recent data have revealed an invasion of seagrass beds by finger coral at the Oil Site. Since treatment, percent coverage of corals at this site has grown from a pretreatment value of 33.5% in March 1984 to 67.5% in June 2001.

The International Oil Pollution Compensation Funds 1971 and 1992

1999 ◽  
Vol 1999 (1) ◽  
pp. 659-663
Author(s):  
Måns Jacobsson
Keyword(s):  
Oil Spill ◽  
Oil Spills ◽  
Oil Pollution ◽  
International System ◽  
International Treaties ◽  
Trust Fund ◽  
International Regime ◽  
The United Kingdom ◽  
Pollution Damage ◽  
Scope Of Application

ABSTRACT The international system for compensating victims of oil pollution damage caused by oil spills from tankers is based on two international treaties adopted as a result of the Torrey Canyon incident which occurred in 1967 off the south coast of the United Kingdom, namely the 1969 Civil Liability Convention and the 1971 Fund Convention. These Conventions have been amended by Protocols in 1992, resulting in two new Conventions (the 1992 Conventions). The International Oil Pollution Compensation Funds 1971 and 1992 administer the system of compensation created by the Fund Conventions. Over 80 nations are members of the Funds. In the light of the experience gained in recent years from incidents involving the Funds, it would be appropriate to consider whether the objectives of establishing the international regime have been fulfilled and whether the international regime has given adequate protection to victims of oil pollution damage. The paper also makes comparison between the international regime and the regime created under OPA 90. While there are differences between the two regimes as regards scope of application, funding, and approach in various aspects, there are significant similarities in respect of administration and claims handling. Some of the differences are due to the fact that the Oil Spill Liability Trust Fund works within one nation, whereas the International Oil Pollution Compensation Funds operate worldwide.

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