Development of the International Convention on Oil Pollution Preparedness and Response

1991 ◽  
Vol 1991 (1) ◽  
pp. 353-355
Author(s):  
Cadets John P. Nolan ◽  
Susan J. Blood
Keyword(s):  
United States ◽  
Oil Spills ◽  
Oil Pollution ◽  
Marine Pollution ◽  
Pollution Prevention ◽  
Development Program ◽  
The United States ◽  
International Convention ◽  
Pollution Damage ◽  
Information Center

ABSTRACT The International Oil Pollution Prevention and Response (OPPR) Convention represents current international efforts to improve capabilities to prepare for and respond to catastrophic oil spills. Initiated by the United States, it is being negotiated by the Marine Environment Protection Committee of the International Maritime Organization (IMO). Major components of the proposal include the establishment of an International Marine Pollution Information Center located at IMO headquarters, National Response Centers in each coastal state, and oil spill response contingency plans for ships. Other proposed articles include prepositioning of oil response equipment in high-risk areas, a research and development program for response techniques, and international cooperation during responses to catastrophic oil spills. Several problems have complicated negotiations of the OPPR Convention. First, severe time constraints have been placed on the negotiators, with the final conference1 to consider the OPPR scheduled for November 1990. Second, the United States suffers from a lack of credibility in the IMO, since the Senate has not yet ratified previous initiatives, the 1984 protocols to the 1969 International Convention on Civil Liability for Oil Pollution Damage, and the 1971 Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage. Finally, the IMO's financial troubles have placed the concept of the International Information Center in jeopardy. In spite of these obstacles, a clear majority of countries are willing to support the document, realizing that it fills a gap in marine oil pollution prevention and response. The OPPR Convention will likely be carried through to adoption by the November conference. This paper traces the development of the International Convention on Oil Pollution Response and Prevention. It summarizes the background and initial proposals of the Convention, and then discusses the problems that arose during negotiations. Finally, it describes the present status of the Convention and offers a projection of its future direction.

INTERNATIONAL REGIME FOR COMPENSATION FOR POLLUTION FROM TANKERS

1997 ◽  
Vol 1997 (1) ◽  
pp. 69-71
Author(s):  
Mans Jacobsson
Keyword(s):  
Oil Spills ◽  
Oil Pollution ◽  
Civil Liability ◽  
The United States ◽  
Compensation System ◽  
Intergovernmental Organization ◽  
Pollution Damage ◽  
Set Up ◽  
International Conventions ◽  
New System

ABSTRACT Compensation for oil spills from laden tankers has so far been governed by two international conventions adopted under the auspices of the International Maritime Organization: the 1969 Civil Liability Convention and the 1971 Fund Convention. Ninety-six states are parties to the 1969 Civil Liability Convention, and 70 states are parties to the 1971 Fund Convention. The United States is not party to either of these conventions. In 1992, two protocols were adopted amending the 1969 Civil Liability Convention and the 1971 Fund Convention. The conventions as amended by the 1992 protocols (the 1992 conventions), which entered into force on May 30, 1996, give better economic protection to victims of oil pollution damage caused by oil spills from tankers than the conventions in their original versions. Under the 1992 conventions, the available compensation amounts per incident (including the sum actually paid by the shipowner and his or her insurer) have been increased from US$87 million to approximately US$196 million. The 1971 Fund Convention set up an intergovernmental organization, the 1971 Fund, to administer the compensation system. The new system of compensation established under the 1992 Fund Convention is administered by a separate legal entity: the 1992 Fund. The two funds share a secretariat.

PROGRESS IN COMBATING OIL POLLUTION IN CHINA SINCE 19901

1997 ◽  
Vol 1997 (1) ◽  
pp. 891-894
Author(s):  
Pu Baokang
Keyword(s):  
Oil Spills ◽  
Oil Pollution ◽  
Pollution Prevention ◽  
International Convention ◽  
National Characteristics ◽  
National Environment ◽  
Pollution Prevention And Control ◽  
Protection Agent ◽  
And Control ◽  
Remarkable Progress

ABSTRACT China has made remarkable progress in oil pollution prevention and control during the past 20 years; most of these advances are summarized in a paper in the proceedings of the 1989 Oil Spill Conference. This paper introduces achievements in the same areas 5 years since that conference. It covers legislation and its implementation; equipment, materials, and methods of usage with some national characteristics; scientific studies carried out in various institutes and colleges; monitoring of oil spills on land, in ports, and at sea by the local National Environment Protection Agent (????), the Harbor Superin-tendency Administration (HSA), and the National Oceanographic Bureau (NOB), respectively; education, training, and information services; and international activities, including Chinese delegates performance dealing with Annex I: Prevention of Pollution by Oil of the International Convention for the Prevention of Pollution from Ships (1973) as modified by the Protocol of 1978 relating thereto (MARPOL 73/78) of IMO. China must keep a balance between economic growth and pollution prevalency, a challenge compounded by a shortage of financial support.

THE SHARING OF THE FINANCIAL BURDEN BETWEEN THE SHIPPIING AND OIL INDUSTRIES UNDER THE INTERNATIONAL COMPENSATION REGIMES

2005 ◽  
Vol 2005 (1) ◽  
pp. 769-772
Author(s):  
Joe Nichols ◽  
Miles Morgan
Keyword(s):  
Oil Spills ◽  
Oil Pollution ◽  
Financial Burden ◽  
The United States ◽  
Economic Consequences ◽  
Shipping Industry ◽  
Pollution Damage ◽  
Tier System ◽  
The Subject ◽  
International Conventions

ABSTRACT The international regime on liability and compensation for oil pollution damage is based on international Conventions adopted under the auspices of the International Maritime Organization (IMO). When the international compensation Conventions were first elaborated over thirty years ago in the aftermath of the Torrey Canyon incident, it was decided to establish a two-tier system whereby the economic consequences of marine oil spills from tankers should be shared between the shipping industry and those industries who either owned or received the cargoes transported by sea. Although the limits of liability and compensation under the Conventions have been revised from time to time, the concept of sharing has been maintained. In 2004 the Secretariat of the International Oil Pollution Compensation Funds undertook a study of the costs of oil spills from tankers worldwide, except the United States, over the past 25 years. The purpose of the study was to examine the extent to which the economic consequences of oil spills had been shared by the shipping and oil sectors under the Conventions as envisaged when they were elaborated and under the voluntary industry schemes which coexisted and interacted with the Conventions for much of that time. The results of the study and their impact on any future revisions of the international Conventions, particularly as regards the sharing of the financial burden, are the subject of this paper.

EFFECTS OF OPA 90 RESPONSE PLANNING ON REPORTED SPILLS

1997 ◽  
Vol 1997 (1) ◽  
pp. 761-764 ◽  
Author(s):  
Dana Stalcup ◽  
Gary Yoshioka ◽  
Brad Kaiman ◽  
Adam Hall
Keyword(s):  
United States ◽  
Emergency Response ◽  
Oil Spills ◽  
Oil Pollution ◽  
The United States ◽  
Government Agencies ◽  
Notification System ◽  
Response Planning ◽  
The Impact ◽  
Spilled Oil

ABSTRACT In the years following the passage of the Oil Pollution Act of 1990 (OPA 90), government agencies and regulated parties in the United States have begun to implement spill prevention and preparedness programs. For this analysis, 7 years of oil spill data collected in the Emergency Response Notification System were used to measure the impact that OPA 90 has had on preventing large spills. Furthermore, relationships among the types, sources, and location of spilled oil are characterized. A comparison of the number of reported 10,000-gallon oil spills for the years 1992-1995 to that number for the years 1989-1991 indicates a decline, not only for vessels but also for pipelines and fixed facilities. The decline in large oil spills to water from various sources appears to indicate that the efforts of government and industry have had a measurable impact on environmental protection.

Comparative Analysis of Tanker Ships Incidents and their Environment Impacts

2013 ◽  
Vol 837 ◽  
pp. 775-779
Author(s):  
Ramona Tromiadis ◽  
Costel Stanca
Keyword(s):  
United States ◽  
Comparative Analysis ◽  
Oil Spills ◽  
Oil Pollution ◽  
The United States ◽  
The Body ◽  
Severe Accident ◽  
The European Union ◽  
Environmental Consequences ◽  
Oil Tankers

The paper presents a comparative analysis of tanker ships incidents and their environment impacts. The focus is on oil tankers because this type of ships poses the highest environmental risk. By the sheer amount of oil carried, modern oil tankers can be considered a threat to the environment. In case of a maritime accident a ship can suffer fracture of the ships hull that may lead to oil outflow leading to environmental consequences or stability problems, which may again result in capsizing of the vessel. In terms of the consequences for the vessel maritime accidents can be classified in different categories. Severe accident means an accident involving a total loss of the ship, loss of life or severe pollution. Accident that is not severe which may involve: fire, explosion, stranding, collision damage caused by bad weather, damage caused by ice, fracture in the hull or suspected damage to the body. This may also lead to pollution. And incidents that are circumstances or events caused by, or related with the operation of a ship from which the ship or any person is being hazard or results in serious damage to the ship, the ship's structure or the environment. Oil spills have devastating effects on the environment. Shipping regulations have been developed or modified over years on the basis of some significant marine accidents. The regulations are mostly concentrated on reducing the consequences of maritime incidents. Following the Exxon Valdez spill, the United States passed the Oil Pollution Act of 1990 (OPA-90), which excluded single-hull tank vessels of 5,000 gross tons or more from U.S. waters from 2010 onward, apart from those with a double bottom or double sides, which may be permitted to trade to the United States through 2015, depending on their age. Following the sinkings of the Erika (1999) and Prestige (2002), the European Union passed its own stringent anti-pollution packages (known as Erika I, II, and III), which also require all tankers entering its waters to be double-hulled by 2010. Oil tankers are only one source of oil spills. Air pollution from normal tanker engines operation and from cargo fires is another serious concern. Ship fires may not only result in the loss of the ship due to lack of specialized firefighting gear and techniques but the fires sometimes burn for days and require evacuations of nearby residents due to the dangerous smoke.

IMPEDIMENTS TO CROSS-BOUNDARY OIL SPILL RESPONSE ALONG UNITED STATES BORDERS

1995 ◽  
Vol 1995 (1) ◽  
pp. 801-805
Author(s):  
Jonathan K. Waldron
Keyword(s):  
United States ◽  
Oil Spill ◽  
Oil Spills ◽  
Oil Pollution ◽  
The United States ◽  
Safety Training ◽  
Oil Spill Response ◽  
The Caribbean ◽  
The Relationship ◽  
Response Capability

ABSTRACT The Oil Pollution Act of 1990 (OPA 90) promoted a coordinated industry and government enhancement of response resources to combat oil spills effectively in the United States. However, the United States remains vulnerable to oil spills near the borders it shares with Canada, Mexico, and various nations in the Caribbean due to legal and administrative impediments associated with cross-boundary spill response activities. This paper explores cross-boundary related issues that could hinder a response and the relationship and roles of industry and government with regard to such issues, and provides recommendations to enhance improved cooperation between government and industry to facilitate response activities. The international structure that currently exists—globally, regionally, and bilaterally—provides a basic framework that promotes cooperation between nations to respond harmoniously to spills threatening the shores of neighboring countries. However, the existing agreements and understandings only provide a basic umbrella. They require planning and implementation of details and commitment to take the specific actions required to implement these agreements and understandings fully. As a result, the enhanced private response capability that now exists in the United States may not be available in a spill involving cross-boundary operations. Neighboring nations must take action to facilitate cross-boundary activities by responders by providing responder-immunity protection similar to that provided under OPA 90 and by removing potential impediments to response activities: laws and other requirements relating to matters such as customs, immigration, and safety training.

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.

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

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.

EVALUATION OF COMPENSATION FORMULAE TO MEASURE NATURAL RESOURCE DAMAGES1

1993 ◽  
Vol 1993 (1) ◽  
pp. 739-743
Author(s):  
Gordon A. Robilliard ◽  
Marion Fischel ◽  
William H. Desvousges ◽  
Richard W. Dunford ◽  
Kristy Mathews
Keyword(s):  
United States ◽  
Natural Resources ◽  
Natural Resource ◽  
Oil Spills ◽  
Oil Pollution ◽  
The United States ◽  
Assessment Process ◽  
Federal State ◽  
Specific Data ◽  
Indian Tribe

ABSTRACT Most of the oil spills in marine, estuarine, or freshwater environments of the United States are small (less than 1,000 gallons) and result in minimal injury to natural resources or little to no loss of services. However, federal, state, and Indian tribe trustees for natural resources are entitled under a variety of laws, including the Oil Pollution Act of 1990, to collect damages (money) from responsible parties to compensate for the foregone services and restoration of the services provided by the natural resources. Alaska, Washington, and Florida have developed a formula-based approach to calculating natural resource damages resulting from most spills; the federal National Oceanic and Atmospheric Administration and several other states are considering developing a compensation formula. The ideal compensation formula is a simplified assessment process that (a) can be applied rapidly, (b) requires relatively small transaction or assessment costs, (c) requires minimal site- and spill-specific data as inputs, (d) is based on generally accepted scientific and economic principles and methods, and (e) results in damage values acceptable to both the trustees and the responsible party. In theory, a compensation formula could be applied to most small oil spills in United States waters.

ANALYSIS OF SIGNIFICANT OIL SPILL INCIDENTS FROM SHIPS, 1976–19851

1987 ◽  
Vol 1987 (1) ◽  
pp. 43-47
Author(s):  
Pu Bao-Kang
Keyword(s):  
Oil Spills ◽  
Oil Pollution ◽  
Marine Pollution ◽  
Environment Protection ◽  
International Convention ◽  
Safety Standards ◽  
Ship Construction ◽  
The Past ◽  
Different Types ◽  
Operational Errors

ABSTRACT The most important objectives of the International Maritime Organization (IMO) have been improving maritime safety and preventing marine pollution. The Marine Environment Protection Committee (MEPC), which is responsible for coordinating IMO's activities in preventing and controlling marine pollution from ships, agreed that spills of 100 tons of oil or more should be regarded as “significant.”1 Analyses of significant oil spills (more than 100 metric tons) from ships have helped develop spill statistics, categories of spill incidents, geographical data on spills, and so on. Analyses for the past 10 years show that about 75 percent of the incidents were caused by grounding, collision, and breakdown; about 8 percent were caused by operational errors while loading, discharging, or washing tanks; and about 17 percent were due to rough weather, fire, and other causes. These analyses suggest that measures can be taken to prevent oil pollution from ships chiefly by improving safety standards for ship construction, equipment, and operation. This paper analyzes several incidents to understand the causes, actions taken, and results of oil spills in different circumstances and with different types of oil. It also examines IMO's achievements in combating oil pollution and the difficulties that have been met in implementing Annex I of the Regulations for the Prevention of Pollution by Oil, the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 (MARPOL 73/78).

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