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.

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.

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.

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

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.

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.

scholarly journals International Laws on Oil Pollution Caused by Ships and Their Enforcement in Vietnam

2020 ◽  
Vol 55 (2) ◽  
Author(s):  
Pham Van Tan
Keyword(s):  
Oil Pollution ◽  
Human Life ◽  
Rapid Development ◽  
Civil Liability ◽  
Assessment Method ◽  
International Convention ◽  
Pollution Damage ◽  
Major Interest ◽  
International Laws ◽  
International Conventions

Pollution in the marine environment, especially pollution caused by oil, is of major interest to the international community because the sea plays a major role in human life. With the rapid development of Vietnam’s maritime activities, the risk of oil pollution in Vietnam’s sea is increasing. Therefore, the study of the international laws on oil pollution caused by ships is also an urgent and necessary issue for Vietnam. The system of modern international laws has formed the legal regulatory framework to address oil pollution caused by ships at the sea by a series of international conventions related to oil pollution. With the comparison method and assessment method, the article describes a new idea for improving the oil pollution law system of Vietnam, based on the analysis and comparison of international conventions on oil pollution caused by ships with several Vietnam laws, including: United Nations Convention on the Law of the Sea 1982; International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978; International Convention on Civil Liability for Oil Pollution Damage 1992; and International Convention on Civil Liability for Bunker Oil Pollution Damage 2001. From these analyses and comparisons, the author offers some learned lessons for Vietnam, which have helped Vietnam to develop legal documents to improve the legal system regarding oil pollution – which is a necessity for Vietnam at present.

RECENT DEVELOPMENTS WITHIN THE INTERNATIONAL COMPENSATION REGIME

2005 ◽  
Vol 2005 (1) ◽  
pp. 763-767
Author(s):  
Måns Jacobsson
Keyword(s):  
Working Group ◽  
Oil Pollution ◽  
Civil Liability ◽  
International Treaties ◽  
Pollution Damage ◽  
Major Incidents ◽  
Recent Developments ◽  
Group A ◽  
Set Up ◽  
Preparatory Work

ABSTRACT The international compensation regime is based on two international treaties elaborated under the auspices of the International Maritime Organization (IMO), namely the 1992 Civil Liability Convention and the 1992 Fund Convention. The 1992 Civil Liability Convention governs the liability of the shipowner, whereas the 1992 Fund Convention provides supplementary compensation through the International Oil Pollution Compensation Fund 1992 (1992 Fund), financed by a levy on oil receipts in Member States. This paper describes recent developments in the international compensation regime. The total amount of compensation available under the 1992 Conventions was increased from United States (US) $210 million to US $315 million for incidents occurring after 31 October 2003 In view of the experience of recent major incidents, the 1992 Fund set up a Working Group to hold an exchange of views concerning the need for and possibilities of improving the international compensation regime established by the 1992 Conventions. As a result of preparatory work carried out by the Working Group, a Diplomatic Conference held in May 2003 adopted a draft Protocol establishing an optional third tier of compensation by means of a Supplementary Compensation Fund which would provide additional compensation over and above that available under the 1992 Conventions. The total amount of compensation available for pollution damage in the nations that become Parties to it will be US $1,150 million per incident, including the amounts payable under the 1992 Conventions. The Protocol will enter into force on 3 March 2005. The Working Group continues its review of the 1992 Conventions and will examine a number of issues, inter alia, shipowners' liability. It is expected that the Working Group will make its final recommendations to the 1992 Fund Assembly in 2005 as to whether the 1992 Conventions should be re-opened and, if so, which issues should be considered.

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.

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

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.

OIL SPILL LIABILITY AND COMPENSATION

1979 ◽  
Vol 1979 (1) ◽  
pp. 7-10
Author(s):  
Christopher J. Carven
Keyword(s):  
Oil Spill ◽  
Oil Spills ◽  
Oil Pollution ◽  
Civil Liability ◽  
International Regimes ◽  
Pollution Damage ◽  
Legal Regimes ◽  
Key Features

ABSTRACT Before the Torrey Canyon incident in 1967, no adequate national or international legal regimes existed to compensate victims of oil pollution damage or to enable governments to recover costs incurred in cleaning up oil spills. But, as a result of this major pollution incident, many national and four major international regimes were developed to make certain that victims of oil spills were compensated for their losses. This article discusses two voluntary schemes, TOVALOP and CRISTAL, and two Intergovernmental Maritime Consultative Organization conventions—the Civil Liability Convention and the Fund Convention. For comparative purposes, it also covers the key features of proposed U.S. legislation generally referred to as “Superfund.”

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