Civil Liability ConventionThe 1992 Civil Liability Convention (1992 CLC) governs the liability of shipowners for oil pollution damage. B. that, where legally feasible in accordance with their national law, States Parties to the 1969 CLC accept CLC certificates issued by State Parties to the 1992 CLC as proof that a ship has insurance cover as required by the 1969 CLC. Note: The limits of liability under the a variety of regimes are primarily based on specified units of account (Specific Drawing Proper – SDR). Size is not relevant nor is there any provision in the Convention, as there is in some other conventions, such as the LLMC Convention in its art. These Parties that have not ratified the 1992 regime are still regarded as Parties to CLC 1969.

This section is only applicable to ships flying the flags of a State celebration to the 1969 CLC (see Annex two). Until 30 May 1996 only one particular Civil Liability Convention was in force: the 1969 CLC providing limits of liability on a sliding scale beginning at SDR 133 per limitation ton up to a maximum of SDR 14 million (approximately USD 20.2 million). Note: In 2008, the text of the Convention was accessible by means of the Australian Treaties Library on the AustLII Web site ().

So far as this Component applies, Articles 3, 5 and six, paragraph 10 of Report 7, and Short article eight, of the Bunker Oil Convention have the force of law as part of the law of the … Read the rest >>>

Civil Liability ConventionA spill of oil from a ship can cause a economic loss for a variety of organisations and individuals. The International Convention on Civil Liability for Bunker Oil Pollution Harm (the Bunkers Convention) is adopted internationally. Compensation beneath the Fund Convention is offered by oil cargo receivers in Contracting States and every contribution depends on individual import quantities. Its key characteristics are the same as CLC 1969, but CLC 1992 differs in the amounts by which a shipowner may limit his liability. Panama has indicated that it would be ready to present 1969 CLC certificates for 1992 CLC flag ships. The Protocol of 1984 to amend the CLC was aimed at increasing limits of liability.

First, the Convention sets up an international civil liability scheme operating among the organic or legal persons affected whose claims for compensation of pollution harm, if not settled otherwise, really should be submitted to the competent national court of the State exactly where the polluting harm occurred or preventive measures have been taken.

Nonetheless, some nations which initially ratified CLC 69 have yet to ratify the 1992 Protocol and hence the rules governing compensation in these nations are distinct (e.g. the compensation limits are reduced, compensation is not offered for damage resulting from spills from unladen tankers, and compensation is only accessible for spills inside the territorial waters of a participating nation).

Claims for compensation for oil pollution damage (including clean-up fees) may be brought against the owner of the tanker which caused the harm … Read the rest >>>

Civil Liability ConventionThe civil liability regime for ship-supply oil pollution enables national victims of oil spill harm to make monetary claims against domestic and non-domestic tanker owners and, in specific situations, the international oil cargo market. The 1971 Fund Convention offered for the payment of supplementary compensation to those who could not acquire full compensation for oil pollution harm under the 1969 CLC. The Canadian Government’s claim for charges and expenses incurred is presented to, and paid by, the International Oil Pollution Compensation Fund. The consolidated text of CLC 1969, as modified by the 1992 Protocol, is referred to as the 1992 Civil Liability Convention.

See: Ibrahima, D. Recovering Harm to the Atmosphere per se Following an Oil Spill: the Shadows and Lights of the Civil Liability and Fund Conventions”, RECIEL, 14-1, 2005, p. 64. The Canadian compensation regime is based on the basic principle that the shipowner is mostly liable for oil pollution brought on by the ship. If the flag state was a celebration to each the 1969 and 1992 CLC the shipowner received in return a certificate certifying that the shipowner had in location insurance coverage covering liabilities beneath both conventions.

First, the Convention sets up an international civil liability scheme operating among the natural or legal persons impacted whose claims for compensation of pollution damage, if not settled otherwise, ought to be submitted to the competent national court of the State exactly where the polluting damage occurred or preventive measures were taken.

Payments of compensation and the administrative … Read the rest >>>

Civil Liability ConventionThe chemical tanker IevoliSun, with styrene and other hazardous and noxious substances on board, sinks off the coast of France in 2000. Therefore, right after reading in a new (but ortodox) light the provison in report 221, paragraph five, in mixture with articles 220, paragraph six and 228 of UNCLOS, the judgment holds that, in case of serious damage to the marine atmosphere, national courts may impose penalties in accordance with their legislation, to give effect to the provisions of the Marpol Convention.

In the occasion that there are not adequate funds readily available below the CLC 92 to settle all the claims resulting from a tanker spill, there is an added layer of compensation for nations that are celebration to the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Harm (Fund Convention). The present Convention is established in a single copy in the English and French languages, each texts becoming equally authentic. Nevertheless, in no case shall an action be brought immediately after six years from the date of the incident which brought on the damage.

For ships carrying additional than 2 000 tonnes of oil as cargo in bulk, the shipowner is obliged to maintain insurance coverage to cover his liability below the 1992 CLC, and claimants have a proper of direct action against the insurer. An HNS Fund (which will most probably be administered by the secretariat of the 1992 IOPC Fund) offers compensation up to a total of SDR 250 … Read the rest >>>

Civil Liability ConventionI. The text of this explanatory report does not constitute an instrument supplying an authoritative interpretation of the text of the Convention while it may well facilitate the understanding of the provisions of the Convention. The level of cover need to be equal to the limits of liability under the applicable national or international limitation regime, but in no case exceeding the quantity calculated in accordance with the Convention on Limitation of Liability for Maritime Claims, 1976, as amended. The Protocols to the 1969 Civil Liability Convention and the 1971 Fund Convention are adopted internationally. After that date a state will not be capable to be a party to each the 1969 and 1992 CLC.

In order to address the imbalance made by the establishment of the Supplementary Fund in between the shipping and oil industries, two voluntary agreements exactly where introduced by the International Group of P&I Clubs: the Tiny Tanker Oil Pollution Indemnification Agreement (STOPIA) 2006, and the Tanker Oil Pollution Indemnification Agreement (TOPIA) 2006, which entered into force on 20 February 2006.

B. Some 1969 CLC States have indicated that they would not insist on the carriage on board of a 1969 CLC certificate supplied that the ship carries on board a 1992 CLC certificate and a 1969 CLC blue card addressed to a 1969 flag state. In terms of the Civil Liability Convention, pollution harm involves not only harm to the environment (which covers mainly cleanup fees) but also loss of profit.

This Convention shall supersede … Read the rest >>>