PROTECTION OF THE SEA (CIVIL LIABILITY FOR BUNKER OIL POLLUTION Damage) ACT 2008 Definitions
This Protocol extends the application of the 1969 Liability Convention to contain the exclusive financial zone of a Contracting State established in accordance with international law, or if a Contracting State has not established such a zone, in an region beyond and adjacent to the territorial sea of that State determined by that State in accordance with international law and extending not much more than 200 nautical miles from baseline from which the breadth of its territorial sea is measured (art. As soon as this Convention comes into force, the text shall be transmitted by the Secretary-Common to the Secretariat of the United Nations for registration and publication in accordance with Article 102 of the Charter of the United Nations. They will need to acquire a certificate covering 1969 CLC liabilities from one more source in order to be permitted to enter the waters of States parties to the 1969 … Read the rest >>>
The civil liability regime for ship-supply oil pollution enables national victims of oil spill harm to make monetary claims against domestic and non-domestic tanker owners and, in specific situations, the international oil cargo market. The 1971 Fund Convention offered for the payment of supplementary compensation to those who could not acquire full compensation for oil pollution harm under the 1969 CLC. The Canadian Government’s claim for charges and expenses 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.
Following the Chernobyl accident, the IAEA initiated function on all aspects of nuclear liability with a view to improving the basic Conventions and establishing a comprehensive liability regime. The limitations of the international regime established by the IMO Conventions on civil liability for oil pollution harm, in particular with respect to compensation for environmental damage per se, have prompted actions ahead of national Courts searching for appropriate reparation from parties (other than the shipowner) involved in the operations of tankers in circumstances of catastrophic oil spills.
The Convention Article VII – needs the registered owners of ships covered by it to keep insurance or other monetary security to cover their liability for pollution harm. An examination of present international maritime practice shows that there are important gaps in the regulation and implementation of responsibilities relating to pollution by vessels, specially in instances of catastrophic accidents such as these of the oil tankers Erika” in 1999 and Prestige” in 2002. When an incident involving two or far more ships happens and pollution harm benefits therefrom, the shipowners of all the ships concerned, unless exonerated under write-up 3, shall be jointly and severally liable for all such harm which is not reasonably separable. The CLC was adopted in 1969 but has due to the fact been superseded by the 1992 Protocol (CLC 92).
A significant oil spill can have a significant influence on people’s livelihoods and on the environment. That same year, Canada ceased to be a Member State to the 1969 Civil Liability Convention and the 1971 IOPC Fund Convention. The Judgment clarified that this was not a violation of the special” international regime, given that the French typical law” applied in tandem with the 1992 Conventions. The fee for a CLC certificate is $200.00 (plus bank wire transfer charge, if applicable) and $45.00 charge for each courier shipment. The 1971 Fund Convention ceased to be in force on 24 Might 2002 and does not apply to incidents occurring soon after that date.