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.

The International Compensation Regime Revisited

2003 ◽  
Vol 2003 (1) ◽  
pp. 1231-1237
Author(s):  
Måns Jacobsson
Keyword(s):  
Working Group ◽  
Oil Pollution ◽  
Civil Liability ◽  
International Maritime Organization ◽  
Environmental Damage ◽  
International Treaties ◽  
International Regime ◽  
The Past ◽  
Major Incidents ◽  
Set Up

ABSTRACT The international regime of compensation was established by two international treaties elaborated under the auspices of the International Maritime Organization (IMO), namely the 1969 Civil Liability Convention and the 1971 Fund Convention. These Conventions were revised by Protocols in 1992, and the revised Conventions, known as the 1992 Conventions, have effectively replaced the original ones. 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), financed by a levy on oil receipts in member nations. The total amount of compensation under the 1992 Conventions is US$178 million per incident but will be increased to US$269 million from 1 November 2003. This paper describes briefly the scope and application of the Conventions with reference to specific incidents involving the IOPC Funds, focusing on developments over the past two years. In view of the experience of recent major incidents, the 1992 Fund has 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 first step, the Working Group prepared 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 draft Protocol will be considered by a Diplomatic Conference to be held under the auspices of the IMO in May 2003. Certain issues relating to environmental damage have been considered. The Working Group continues its review of the 1992 Conventions and will examine a number of issues, inter alia, shipowners’ liability.

THE INTERNATIONAL COMPENSATION SYSTEM IN A PERIOD OF TRANSFORMATION

2001 ◽  
Vol 2001 (2) ◽  
pp. 829-834
Author(s):  
Måns Jacobsson
Keyword(s):  
Oil Pollution ◽  
Civil Liability ◽  
Intergovernmental Organizations ◽  
International Treaties ◽  
International Regime ◽  
Old Regime ◽  
International Convention ◽  
Pollution Damage ◽  
Major Incidents ◽  
International Fund

ABSTRACT Two international treaties elaborated under the auspices of the International Maritime Organization (IMO)—the 1969 International Convention on Civil Liability for Oil Pollution Damage (1969 Civil Liability Convention) and the 1971 International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage (1971 Fund Convention)—established the international regime of compensation. These Conventions were revised by Protocols in 1992, and the revised Conventions, known as the 1992 Conventions, are intended to replace the original ones. The Civil Liability Conventions govern the liability of the shipowner, whereas the Fund Conventions provide for supplementary compensation through two intergovernmental organizations, the International Oil Pollution Compensation Funds, financed by a levy on oil receipts in Member nations. A number of nations has ratified the 1992 Conventions and denounced the original 1969/1971 Conventions, but a number of other nations has not yet done so. After the denunciation by a number of nations whose oil industries are major contributors to the system, the old regime soon will be reaching a point where it is no longer financially viable. It is therefore important that the 1971 Fund Convention be terminated as soon as possible. It is likely that the maximum amount of compensation available under the 1992 Conventions (at present some US$180 million) will increase to some US$270 million as of November 1, 2003. In view of the experience of recent major incidents, the question has been raised as to whether the 1992 Conventions should be reassessed to ensure that the international regime continues to meet the needs of society.

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.

Some Recent Developments regarding Liability for Damage Resulting from Oil Pollution — From the Perspective of an EU Member State

2005 ◽  
Vol 6 (4) ◽  
pp. 223-239 ◽  
Author(s):  
Willem Oosterveen
Keyword(s):  
Member State ◽  
Oil Pollution ◽  
Civil Liability ◽  
Environmental Liability ◽  
Eu Directive ◽  
Pollution Damage ◽  
Recent Developments ◽  
Full Compensation ◽  
Uniform Manner

The primary purpose of the Civil Liability Convention, Fund Convention and Supplementary Fund Protocol regime is to ensure prompt and full compensation for oil pollution damage in an internationally uniform manner. This article assesses the effectiveness of the present regime and its relationship with the draft EU Directive on environmental liability before looking at the need for revision of the Conventions.

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.

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