Vienna Convention On Civil Liability For Nuclear Damage
In addition, a detailed study of the Erika case reveals some of the rationale for several of the persistent capabilities of marine pollution liability regimes. Payments of compensation and the administrative costs of the 1971 IOPC Fund had been financed by contributions levied on companies in Fund Convention countries that received crude oil and heavy fuel oil after sea transport. The tanker owner is normally entitled to limit his liability to an amount which is linked to the tonnage of the tanker causing the pollution.
Secondly, if, for instance, the ship is bareboat chartered and pursuant to the charter party the owner is liable for bunker oil pollution damage — which would make sense, given that the owner is essential to retain insurance coverage or other monetary safety to cover liability for pollution damage — claimants would nonetheless be entitled to bring a claim against the bareboat charterer, who apparently … Read the rest >>>
The structure of this Convention three differs from that of the CLC due to the fact there are no provisions on the limitation of liability of the owner, nor is it complemented by a Fund Convention. The 1992 Fund Convention established the International Oil Pollution Compensation Fund 1992 (1992 Fund) to offer compensation for victims who are unable to receive full compensation beneath the Civil Liability Convention. NB: Because the advent of the 1992 Protocol it is no longer feasible for countries to ratify the 1969 Civil Liability Convention.
On 20/05/2016, you requested the version in force on 20/05/2016 incorporating all amendments published on or just before 20/05/2016. The International Oil Pollution Compensation Fund (1971 IOPC Fund) was set up for the purpose of administering the regime of compensation produced by the Fund Convention when it entered into force in 1978. Though strict liability under the Bunker Spills Convention extends beyond the registered owner to the bareboat charterer, manager and operator of the ship, the Convention only demands the registered owner of ships higher than 1,000 GT to preserve insurance coverage or other monetary security. For example, the maximum amount of compensation readily available below the 1992 Fund Convention is inclusive of compensation payable by the tanker owner below the 1992 CLC.
This Convention shall apply exclusively to pollution damage triggered on the territory which includes the territorial sea of a Contracting State and to preventive measures taken to avert or reduce such damage. For a description of the functioning of these agreements see: The International Regime for Compensation for Oil Pollution Harm, Explanatory note prepared by the Secretariat of the International Oil Pollution Compensation Funds. The Canada Shipping Act is amended immediately after Canada accedes to the 1992 CLC and the 1992 IOPC Fund. After midnight on 15 May 1998 just before a ship calls at a port in a state celebration to the 1969 CLC it will will need to apply for a certificate from the ship registry of that state.
Note: In 2008, the text of the Convention was accessible by means of the Australian Treaties Library on the AustLII website (). Except as provided in paragraph three, the provisions of this Convention shall not apply to warships, naval auxiliary or other ships owned or operated by a State and utilised, for the time getting, only on Government non-industrial service. The shipowner and insurer are normally entitled to limit their liability to an quantity that is linked to the tonnage of the ship.