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 17 is not necessary to preserve insurance or economic security.
The ship-owner’s liability can only be exonerated if he proves that the damage resulted from acts of war or comparable force majeure circumstances, from wilful acts or omissions of a third party, or from negligence or other wrongful act of the authority responsible for the upkeep of navigational aids in the workout of its functions. Issued in accordance with the provisions of Report VII of the International Convention on Civil Liability for Oil Pollution Harm, 1969.
The result could be that where the ship is bareboat chartered and its management … Read the rest >>>
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.
For the initial time in national judiciary practice, the TGI Judgment by-passed the international regime established by the 1992 Conventions, until then deemed as self-contained and exclusive, in furthermore applying the civil liability scheme established by French law. The Canada Shipping Act authorizes a levy, were it to be imposed, at 30 cents per tonne to be indexed annually in the very same manner as the limit of liability of the SOPF.
Shipowner liability ranges from SDR ten million (about US$ 15 million) for ships up to 2,000 GT, rising linearly via 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 over one hundred,000 GT. It is compulsory for all ships … Read the rest >>>