The International Convention on Civil Liability for Oil Pollution Damage, or the CLC Convention, was adopted in November 1969 to ensure that sufficient compensation is accessible to those who suffer oil pollution harm resulting from maritime casualties involving oil-carrying ships. Except as supplied in paragraphs three and four, the shipowner at the time of an incident shall be liable for pollution damage brought on by any bunker oil on board or originating from the ship, offered that, if an incident consists of a series of occurrences possessing the similar origin, the liability shall attach to the shipowner at the time of the very first of such occurrences.
This Convention shall supersede any International Conventions in force or open for signature, ratification or accession at the date on which the Convention is opened for signature, but only to the extent that such Conventions would be in conflict with it on the other hand, practically nothing in this Write-up shall influence the obligations of Contracting States to non-Contracting States arising under such International Conventions.
As a result, the ruling by the Paris TGI expands the circle of persons liable for the pollution damage triggered by the oil spill, by acquiring that numerous physical and legal persons, other than these exempted from liability under Short article III, four of the CLC, exercised handle over the activity of the tanker and might have incurred criminal duty, which in turn entails civil liability below French law.
The limitations of the international regime established by the IMO Conventions on civil liability for oil pollution harm, specially with respect to compensation for environmental harm per se, have prompted actions prior to national Courts searching for appropriate reparation from parties (other than the shipowner) involved in the operations of tankers in cases of catastrophic oil spills.
Shipowner liability ranges from SDR 10 million (about US$ 15 million) for ships up to 2,000 GT, rising linearly by means of SDR 82 million (about US$ 126 million) for ships of 50,000 GT, to a maximum of SDR 100 million (about US$ 154 million) for ships more than 100,000 GT. It is compulsory for all ships more than 200 GT to have insurance coverage to cover the relevant amount.
