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 … Read the rest >>>
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.
Disclaimer: IMO has endeavoured to make the data on this internet site as accurate as attainable but cannot take responsibility for any errors. 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 below the a variety of regimes are primarily based on specified units of account (Particular Drawing Correct – 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 nevertheless regarded Parties to CLC 1969.
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.
A CLC Certificate ought to be kept on board every Liberian registered vessel that carries more than two,000 tons of oil in bulk as cargo, in accordance with the provisions of Articles VII of the 1992 International Convention on Civil Liability for Oil Pollution damage. The 1971 Fund Convention offered for the payment of supplementary compensation to these who could not get complete compensation for oil pollution harm below the 1969 CLC. The Canadian Government’s claim for expenses and expenditures 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.