The Convention
The memorandum and the conventions that have been ratified by Ghana and have been incorporated into the bill include: the International Convention for the Prevention of Marine Pollution from Ships, the 1996 Protocol to the Convention on the Prevention of Marine Pollution by Dumping of Wastes and other Matter (London Dumping Convention)1971, the International Convention Relating to Intervention on Higher seas in case of Oil Pollution Casualties, Oil Pollution Preparedness Response and Cooperation Convention (OPRC), the 1992, Civil Liability Convention (CLC) and the International Oil Pollution Compensation Fund 1992. The liability and compensation provisions in Portion XVI of the Canada Shipping Act are transferred to the Marine Liability Act, Part six. In May possibly 2003, a Supplementary (‘third tier’) Fund was established at the IMO via a Protocol that elevated the quantity of readily available compensation to about US$ 1 billion (like the amounts paid under the 1992 CLC and Fund Convention) in countries that are celebration to it.
The limitations of the international regime established by the IMO Conventions on civil liability for oil pollution harm, particularly with respect to compensation for environmental harm per se, have prompted actions before national Courts in search of suitable reparation from parties (other than the shipowner) involved in the operations of tankers in circumstances of catastrophic oil spills.
The TGI judgment also goes far beyond the IMO civil liability regime in applying the French legal notion of compensable harm which consists of not only material damage but also individual injury, moral harm … Read the rest >>>