Civil Liability

Civil Liability ConventionThese Suggestions were adopted at the 35th International Conference of the Comité Maritime International (CMI), held in Sydney on 2-eight October 1994. This section is only applicable to ships flying the flags of a State celebration to the 1969 CLC (see Annex two). Till 30 May 1996 only one Civil Liability Convention was in force: the 1969 CLC offering limits of liability on a sliding scale starting at SDR 133 per limitation ton up to a maximum of SDR 14 million (around USD 20.two million). Note: In 2008, the text of the Convention was accessible via the Australian Treaties Library on the AustLII World wide web site ().

In a parallel law suit, the Tribunal de Grande Instance de Paris (hereafter TGI), by a historic ruling of 16 January 2008 17 , changed the status quo ante in applying the French droit commun” in addition to the 1992 CLC/IOPC Fund regime. Applied provisions means the provisions of the Bunker Oil Convention described in section 11 as they have the force of law as portion of the law of the Commonwealth.

Thus, right after reading in a new (but ortodox) light the provison in report 221, paragraph 5, in combination with articles 220, paragraph 6 and 228 of UNCLOS, the judgment holds that, in case of critical damage to the marine environment, national courts may possibly impose penalties in accordance with their legislation, to give impact to the provisions of the Marpol Convention.

The International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1992 (the 1992 Fund Convention). The limitation of liability could disappear where it can be proved that the accident resulted from a personal act or omission of the ship-owner, committed recklessly or with intent to result in damage, and with expertise that such damage would possibly occur. This is one more reason for which the bareboat charterer, the manager and the operator (if a distinction involving bareboat charterer and operator is conceivable in practice) would be compelled to insure their liability.

So far as this Aspect applies, Articles 3, five and 6, paragraph ten of Post 7, and Short article 8, of the Bunker Oil Convention have the force of law as element of the law of the Commonwealth. Likewise, and devoid of the require to make a decision on which of the businesses of the Group was the correct charterer of the vessel, the judgment guidelines that, in any case, Total SA has committed a reckless and conscious fault in the vetting process and is not as a result exonerated of assuming civil liability in accordance with the CLC.