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Journal articles on the topic 'International Convention on Civil Liability for Oil Pollution Damage'
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1
Jacobsson, Måns. "Future of the International Conventions on Liability and Compensation for Oil Pollution Damage." International Oil Spill Conference Proceedings 1991, no. 1 (March 1, 1991): 689–90. http://dx.doi.org/10.7901/2169-3358-1991-1-689.
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ABSTRACT The international regime on oil spill liability and compensation is based on two international conventions, the 1969 Civil Liability Convention and the 1971 Fund Convention. The Fund Convention establishes an intergovernmental organization, the International Oil Pollution Compensation Fund (IOPC Fund), with the task of administering the regime of compensation set up by that convention. At present, 67 nations are party to the Civil Liability Convention, 45 to the Fund Convention. The United States is not party to either. In 1984, the conventions were revised by two protocols, which provide higher compensation limits and a wider scope of application than the original conventions. These protocols have not yet come into force. The future of the compensation regime established by these conventions is examined here, with special attention to the prospects for the entry into force of the 1984 protocols. At present, the United States will not ratify these protocols.
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Jacobsson, Mans. "INTERNATIONAL REGIME FOR COMPENSATION FOR POLLUTION FROM TANKERS." International Oil Spill Conference Proceedings 1997, no. 1 (April 1, 1997): 69–71. http://dx.doi.org/10.7901/2169-3358-1997-1-69.
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ABSTRACT Compensation for oil spills from laden tankers has so far been governed by two international conventions adopted under the auspices of the International Maritime Organization: the 1969 Civil Liability Convention and the 1971 Fund Convention. Ninety-six states are parties to the 1969 Civil Liability Convention, and 70 states are parties to the 1971 Fund Convention. The United States is not party to either of these conventions. In 1992, two protocols were adopted amending the 1969 Civil Liability Convention and the 1971 Fund Convention. The conventions as amended by the 1992 protocols (the 1992 conventions), which entered into force on May 30, 1996, give better economic protection to victims of oil pollution damage caused by oil spills from tankers than the conventions in their original versions. Under the 1992 conventions, the available compensation amounts per incident (including the sum actually paid by the shipowner and his or her insurer) have been increased from US$87 million to approximately US$196 million. The 1971 Fund Convention set up an intergovernmental organization, the 1971 Fund, to administer the compensation system. The new system of compensation established under the 1992 Fund Convention is administered by a separate legal entity: the 1992 Fund. The two funds share a secretariat.
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Jacobsson, Måns. "THE INTERNATIONAL COMPENSATION SYSTEM IN A PERIOD OF TRANSFORMATION." International Oil Spill Conference Proceedings 2001, no. 2 (March 1, 2001): 829–34. http://dx.doi.org/10.7901/2169-3358-2001-2-829.
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ABSTRACT Two international treaties elaborated under the auspices of the International Maritime Organization (IMO)—the 1969 International Convention on Civil Liability for Oil Pollution Damage (1969 Civil Liability Convention) and the 1971 International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage (1971 Fund Convention)—established the international regime of compensation. These Conventions were revised by Protocols in 1992, and the revised Conventions, known as the 1992 Conventions, are intended to replace the original ones. The Civil Liability Conventions govern the liability of the shipowner, whereas the Fund Conventions provide for supplementary compensation through two intergovernmental organizations, the International Oil Pollution Compensation Funds, financed by a levy on oil receipts in Member nations. A number of nations has ratified the 1992 Conventions and denounced the original 1969/1971 Conventions, but a number of other nations has not yet done so. After the denunciation by a number of nations whose oil industries are major contributors to the system, the old regime soon will be reaching a point where it is no longer financially viable. It is therefore important that the 1971 Fund Convention be terminated as soon as possible. It is likely that the maximum amount of compensation available under the 1992 Conventions (at present some US$180 million) will increase to some US$270 million as of November 1, 2003. In view of the experience of recent major incidents, the question has been raised as to whether the 1992 Conventions should be reassessed to ensure that the international regime continues to meet the needs of society.
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Sundaram, Jae. "OFFSHORE OIL POLLUTION DAMAGE: IN PURSUIT OF A UNIFORM INTERNATIONAL CIVIL LIABILITY REGIME." Denning Law Journal 28 (November 15, 2016): 66–108. http://dx.doi.org/10.5750/dlj.v28i0.1277.
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A significant amount of marine oil pollution is vessel-source with another being non-vessel-source originating from offshore oil platform operations. The world has witnessed a number of oil spill disasters since the 1950s including the Deepwater Horizon incident in the United States, the Montara Wellhead Platform in Australia and the continuing oil spill incidents in the Niger Delta, Nigeria. Technological advances mean that offshore operators now venture further out from coastlines to explore for, and exploit hydrocarbon reserves, thus increasing the crude oil output, and also the possibility of oil pollution incidents from offshore platforms. The International Convention on Civil Liability for Oil Pollution 1969 and the International Convention on the Establishment of an International Fund for Oil Pollution Damage 1971 were developed under the leadership of the International Maritime Organization in response to the increasing incidents of vessel-source oil pollution of the marine environment. Since the entry into force of these Conventions the membership has increased and the incidents of vessel-source oil pollution reduced. Efforts made by the Comité Maritime International (CMI), as early as in 1977, to develop a uniform civil liability convention for claims arising from offshore operations did not come to fruition, and very little progress has been made in finding a solution. Currently, there is no uniform international civil liability regime in place for oil pollution compensation claims arising for damages caused by offshore operations. This article explores the reasons behind the lack of a coherent legal framework to process civil liability claims arising from offshore oil spill incidents, especially when a comprehensive international regulation exists to govern vessel-source and other related forms of marine oil pollution. It argues that the lack of leadership to find a solution is proving to be highly damaging and that there is a strong case and an urgent need to establish a uniform international offshore oil spill liability regime. The article looks at existing regimes, both regional and national, as a way forward to develop an international regime for oil pollution compensation for damages arising from offshore activities.
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Jacobsson, Måns. "THE NOTION OF “POLLUTION DAMAGE,” WITH PARTICULAR REGARD TO DAMAGE TO THE MARINE ENVIRONMENT." International Oil Spill Conference Proceedings 1987, no. 1 (April 1, 1987): 555–57. http://dx.doi.org/10.7901/2169-3358-1987-1-555.
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ABSTRACT Oil spill incidents may cause damage of several different types: damage to property, consequential loss, pure economic loss, and damage to the environment. The last type presents the greatest problems in connection with liability and compensation, because it is not easily assessed in monetary terms. This paper focuses on the problems relating to non-economic damage to the marine environment and economic loss as a consequence of damage to the environment. Some leading court cases are used to illustrate some of the problems. The definition of “pollution damage” in the international conventions, i.e., the 1969 Civil Liability Convention and the 1971 Fund Convention, is discussed. The position taken by the International Oil Pollution Compensation Fund in respect to claims for non-economic damage to the environment as well as claims for pure economic loss is described. The impact the new definition of this notion in the 1984 protocol to the Civil Liability Convention would have on the law of contracting states is examined.
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Dopilka, V. O., and K. G. Matienko. "Legal regulation of liability for environmental pollution in the carriage of dangerous goods by sea." Uzhhorod National University Herald. Series: Law, no. 67 (January 16, 2022): 331–35. http://dx.doi.org/10.24144/2307-3322.2021.67.62.
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The article considers the international legal norms and legislation of Ukraine in the field of responsibility for pollution of the marine environment during the transportation of dangerous goods, the main trends in the development of maritime navigation and environmental protection.
The concept and essence of ecological safety of the World Ocean is defined.
The author considers the main provisions of the Merchant Shipping Code of Ukraine, the Law of Ukraine "On Transportation of Dangerous Goods", as well as international norms contained in the International Convention on Civil Liability for Oil Pollution (1969), the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage (1971), the Convention on Limitation of Liability for Maritime Claims (1976), the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Dangerous and Harmful Substances by Sea (1996), the International Convention on the Prevention of Pollution from Ships (1973).
The above regulations contain recommendations and regulate the liability of the shipowner for damage from oil pollution from ships, release of the shipowner from liability for damage from pollution by oil and other harmful substances from ships, intent or gross negligence of the victim in cases of oil pollution. or more vessels for damage from pollution, the issue of limiting the liability of the shipowner for damage from pollution, loss of the right to limit liability for damage from pollution by hazardous substances from ships, as well as insurance and other financial support for liability for damage from pollution from ships.
The analysis of normative acts of international and domestic legislation allowed to study the conceptual provisions of the problem, as well as to conclude that it is necessary to implement international law in the national legislation of Ukraine on ways to solve the problem of marine pollution from ships.
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Yanko, Yosua. "KEWAJIBAN LIBYA TERHADAP INDONESIA TERKAIT TUMPAHNYA MINYAK MENTAH YANG MENCEMARI PERAIRAN INDONESIA." UNES Law Review 5, no. 2 (December 7, 2022): 306–13. http://dx.doi.org/10.31933/unesrev.v5i2.305.
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Penelitian hukum mengenai kewajiban negara Libya terhadap Indonesia terkait tumpahnya minyak mentah yang mencemari perairan Indonesia, dimana hal itu menimbulkan tanggung jawab berdasarkan perjanjian internasional mengenai pencemaran laut karena negara Libya adalah salah satu dari anggota terkait perjanjian internasional tersebut. Maka negara Libya harus mentaati ketentuan-ketentuan dalam United Nations Convention on the Law Of the Sea 1982, International Convention on Civil Liability for Oil Pollution Damage 1969, Deklarasi Stockholm dan Deklarasi Rio de Janeiro 1992. Tujuan dari penelitian ini adalah untuk mengetahui tanggung jawab yang dilakukan oleh Negara Libya akibat tumpahan minyak mentah yang mencemari perairan Indonesia akibat indsiden tubrukan dengan kapal MV Sinar Kapuas asal Singapura. Metode normatif digunakan dalam penelitian ini berfokus pada prinsip strict liability dan perjanjian internasional laut, diantaranya adalah United Nations Convention on the Law Of the Sea 1982, International Convention on Civil Liability for Oil Pollution Damage 1969, Deklarasi Stockholm dan Deklarasi Rio de Janeiro 1992. Pencemaran laut oleh minyak mentah yang dilakukan oleh kapal tanker MT Alyarmouk asal Libya menimbulkan tanggung jawab yang mana oleh International Convention on Civil Liability for Oil Pollution Damage 1969 ditentukan sebagai tanggung jawab mutlak.
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Sevinç Kuyucu, Aslıhan. "Legal perspective on ship-related marine pollution." Aquatic Research 7, no. 1 (2024): 30–38. http://dx.doi.org/10.3153/ar24004.
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The number of factors that cause marine pollution is quite high. The wastes of cities located on the coasts or near the sea, wastes of industrial facilities, trashes left to the sea by people and other wastes are included in this content. Another important factor causing marine pollution is ships. The wastes caused by the operation of the ships at sea and the oil and derivatives used on the ship or other harmful substances that are released into the sea from the ships can cause marine pollution seriously. The provisions to be applied to marine pollution are determined according to the pollutant causing marine pollution and the type of the ship. In our law, liability arising from pollution caused by pollutants other than petroleum and its derivatives is basically regulated in the Law No. 5312 “The Principles of Emergency Intervention and Compensation for Damages in Pollution of the Marine Environment with Petroleum and Other Harmful Substances”. Türkiye is also a party to two international conventions on pollution caused by oil and its derivatives. These contracts are the “The International Convention on Civil Liability for Oil Pollution Damage” and “The International Convention on Civil Liability for Bunker Oil Pollution Damage”. On the other hand, the Environmental Act is also applied for liability arising from marine pollution in cases that do not fall within the scope of appƒlication of the enumerated legislation. The marine pollution can be prevented by virtue of the deterrent effect of the regulations on legal liability arising from the pollution of the sea originating from ships.
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Vereina, L. V. "International Liability Regime for Pollution of Marine Environment from Ships." Moscow Journal of International Law, no. 4 (January 12, 2023): 68–76. http://dx.doi.org/10.24833/0869-0049-2022-4-68-76.
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INTRODUCTION. The 1982 United Nations Convention on the Law of the Sea imposes obligations on states to protect and preserve the marine environment. They are responsible under international law. In order to ensure prompt and adequate compensation for all damage caused by marine pollution, states shall cooperate in implementing existing international law concerning liability and in developing procedures for adequate compensation, such as liability insurance or compensation funds MATERIALS AND METHODS. In the article the author analyzes international treaties that form the basis of the regime of international legal liability for marine pollution from ships, such as the Oil Pollution Damage Convention 1969, the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea 1996, the International Convention on Civil Liability for Bunker Fuel Pollution Damage 2001. The research is based on general scientific methods of knowledge (system and structural approaches, analysis and synthesis, induction and deduction), as well as special methods used in legal science (comparative legal, historical legal and formal dogmatic). RESEARCH RESULTS. Based on the analysis carried out, the author came to the following research results: Together the three conventions - the CSA, the COW and the Bunker Convention - form a single regime of liability for marine pollution, the source of which are ships, and strive for identity of all definitions in order to avoid inconsistencies in their interpretation. DISCUSSION AND CONCLUSIONS. In the course of the analysis, the author referred to the debatable points expressed in the scientific literature concerning the completeness of the legal regulation of liability for marine pollution from ships. After which the author made a conclusion that, although a significant amount of marine pollution accounts for pollution from ships, the existing international legal mechanisms for regulating liability issues in this area can be regarded as sufficient.
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Jacobsson, Måns. "The International Oil Pollution Compensation Funds 1971 and 1992." International Oil Spill Conference Proceedings 1999, no. 1 (March 1, 1999): 659–63. http://dx.doi.org/10.7901/2169-3358-1999-1-659.
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ABSTRACT The international system for compensating victims of oil pollution damage caused by oil spills from tankers is based on two international treaties adopted as a result of the Torrey Canyon incident which occurred in 1967 off the south coast of the United Kingdom, namely the 1969 Civil Liability Convention and the 1971 Fund Convention. These Conventions have been amended by Protocols in 1992, resulting in two new Conventions (the 1992 Conventions). The International Oil Pollution Compensation Funds 1971 and 1992 administer the system of compensation created by the Fund Conventions. Over 80 nations are members of the Funds. In the light of the experience gained in recent years from incidents involving the Funds, it would be appropriate to consider whether the objectives of establishing the international regime have been fulfilled and whether the international regime has given adequate protection to victims of oil pollution damage. The paper also makes comparison between the international regime and the regime created under OPA 90. While there are differences between the two regimes as regards scope of application, funding, and approach in various aspects, there are significant similarities in respect of administration and claims handling. Some of the differences are due to the fact that the Oil Spill Liability Trust Fund works within one nation, whereas the International Oil Pollution Compensation Funds operate worldwide.
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Brans, Edward H. P. "Liability for Damage to Public Natural Resources under the 2004 EC Environmental Liability Directive: Standing and Assessment of Damages." Environmental Law Review 7, no. 2 (June 2005): 90–109. http://dx.doi.org/10.1177/146145290500700202.
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This article focuses on the April 2004 EC Directive on Environmental Liability (Directive 2004/35/CE). It examines its measure of damages, its framework for assessing damages and its provisions regarding the issue of standing. Comparisons will regularly be made with the United States Oil Pollution Act of 1990, its natural resource damage regulations and its provisions on locus standi. Finally, a comparison is made with international civil liability conventions that cover damage to natural resources. The goal of the analysis is to show that the Directive's rules on assessing damages are inspired by the natural resource damage regulations of the US Oil Pollution Act, and secondly, to show that there is a difference between the measure of damages in the international civil liability conventions and the new Directive. *
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Wu, Chao, and Nigel Carden. "OIL SPILLS AND FINANCIAL RESPONSIBILITIES1." International Oil Spill Conference Proceedings 2001, no. 2 (March 1, 2001): 1337–40. http://dx.doi.org/10.7901/2169-3358-2001-2-1337.
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ABSTRACT Under the international convention system for oil spill liability and compensation, shipowners and oil cargo owners are sharing the costs of oil pollution (cleanup and damages). While the industries find the burden of financial liability too heavy, the compensation provided through the Conventions (Civil Liability Conventions and Fund Conventions [CLCs/FCs]) has become increasingly insufficient to satisfy the total admissible claims. What has to be done? Increase the financial liability of the responsible parties? Let the victims of pollution shoulder part of their uncompensated claims alone? Neither can be fairly accepted. This paper will discuss a solution based on the theory of risk-profit, upon which the current Conventions (CLCs/FCs) are founded. In this regard, the paper also will compare the Conventions with a domestic regime—the U.S. Oil Pollution Act of 1990.
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Jacobsson, Måns. "RECENT DEVELOPMENTS WITHIN THE INTERNATIONAL COMPENSATION REGIME." International Oil Spill Conference Proceedings 2005, no. 1 (May 1, 2005): 763–67. http://dx.doi.org/10.7901/2169-3358-2005-1-763.
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ABSTRACT The international compensation regime is based on two international treaties elaborated under the auspices of the International Maritime Organization (IMO), namely the 1992 Civil Liability Convention and the 1992 Fund Convention. The 1992 Civil Liability Convention governs the liability of the shipowner, whereas the 1992 Fund Convention provides supplementary compensation through the International Oil Pollution Compensation Fund 1992 (1992 Fund), financed by a levy on oil receipts in Member States. This paper describes recent developments in the international compensation regime. The total amount of compensation available under the 1992 Conventions was increased from United States (US) $210 million to US $315 million for incidents occurring after 31 October 2003 In view of the experience of recent major incidents, the 1992 Fund set up a Working Group to hold an exchange of views concerning the need for and possibilities of improving the international compensation regime established by the 1992 Conventions. As a result of preparatory work carried out by the Working Group, a Diplomatic Conference held in May 2003 adopted a draft Protocol establishing an optional third tier of compensation by means of a Supplementary Compensation Fund which would provide additional compensation over and above that available under the 1992 Conventions. The total amount of compensation available for pollution damage in the nations that become Parties to it will be US $1,150 million per incident, including the amounts payable under the 1992 Conventions. The Protocol will enter into force on 3 March 2005. The Working Group continues its review of the 1992 Conventions and will examine a number of issues, inter alia, shipowners' liability. It is expected that the Working Group will make its final recommendations to the 1992 Fund Assembly in 2005 as to whether the 1992 Conventions should be re-opened and, if so, which issues should be considered.
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Mahapatra, Ashok. "INTERNATIONAL CONVENTION ON OIL POLLUTION PREPAREDNESS, RESPONSE AND COOPERATION—AN OVERVIEW1." International Oil Spill Conference Proceedings 1995, no. 1 (February 1, 1995): 775–78. http://dx.doi.org/10.7901/2169-3358-1995-1-775.
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ABSTRACT The casualties of Torrey Canyon in 1967 and the Amoco Cadiz in 1977 gave rise to the Civil Liability Convention 1969, the Fund Convention 1971, and the Salvage Convention 1989. The Exxon Valdez casualty in 1989 gave rise to the Oil Pollution Act 1990. It also gave rise to a new Convention known as the Oil Pollution Preparedness, Response and Co-operation Convention 1990. This convention is likely to receive greater approval from the shipping industry as it concentrates on mitigating loss and damage resulting from oil pollution through preparedness and early response and on preventing pollution by encouraging salvage. The basic operative provisions of the convention are oil pollution emergency plans and reporting procedures, action on receiving an oil pollution report, national and regional response systems, international cooperation in pollution response, research and development, technical cooperation, bilateral and multilateral cooperation, institutional arrangements, and reimbursement of cost of assistance. While not imposing any legal liabilities, the convention will undoubtedly motivate the shipping industry and all maritime states to prepare adequately for disasters and accidents. This will ultimately benefit the environment, and is a welcome start to be built upon.
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Jacobsson, Måns. "The International Compensation Regime Revisited." International Oil Spill Conference Proceedings 2003, no. 1 (April 1, 2003): 1231–37. http://dx.doi.org/10.7901/2169-3358-2003-1-1231.
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ABSTRACT The international regime of compensation was established by two international treaties elaborated under the auspices of the International Maritime Organization (IMO), namely the 1969 Civil Liability Convention and the 1971 Fund Convention. These Conventions were revised by Protocols in 1992, and the revised Conventions, known as the 1992 Conventions, have effectively replaced the original ones. The 1992 Civil Liability Convention governs the liability of the shipowner, whereas the 1992 Fund Convention provides supplementary compensation through the International Oil Pollution Compensation Fund (1992), financed by a levy on oil receipts in member nations. The total amount of compensation under the 1992 Conventions is US$178 million per incident but will be increased to US$269 million from 1 November 2003. This paper describes briefly the scope and application of the Conventions with reference to specific incidents involving the IOPC Funds, focusing on developments over the past two years. In view of the experience of recent major incidents, the 1992 Fund has set up a Working Group to hold an exchange of views concerning the need for and possibilities of improving the international compensation regime established by the 1992 Conventions. As a first step, the Working Group prepared a draft Protocol establishing an optional third tier of compensation by means of a Supplementary Compensation Fund which would provide additional compensation over and above that available under the 1992 Conventions. The draft Protocol will be considered by a Diplomatic Conference to be held under the auspices of the IMO in May 2003. Certain issues relating to environmental damage have been considered. The Working Group continues its review of the 1992 Conventions and will examine a number of issues, inter alia, shipowners’ liability.
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Handl, Günther. "Marine Environmental Damage: The Compensability of Ecosystem Service Loss in International Law." International Journal of Marine and Coastal Law 34, no. 4 (November 4, 2019): 602–41. http://dx.doi.org/10.1163/15718085-23441025.
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AbstractKey maritime conventions governing liability and compensation for pollution of the marine environment, foremost among them the 1992 Civil Liability for Oil Pollution Convention and the 2003 Supplementary Fund Protocol (the CLC/Fund regime), exclude compensation for pure environmental loss. This article discusses whether anything less than full compensation of damage to the marine environment, including the loss of ecosystem services, comports with contemporary international public policy or law. After reviewing and rejecting traditional arguments opposing such compensability, the article contrasts the CLC/Fund regime’s environmental claims practice with emerging trends in decision on the international legal plane and in select domestic legal systems, all of which support full compensation. The article thus concludes that an adjustment of the CLC/Fund regime’s environmental claims approach is desirable to align it with this international (and national) practice and thereby to protect the long-term integrity of the regime itself.
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Nolan, Cadets John P., and Susan J. Blood. "Development of the International Convention on Oil Pollution Preparedness and Response." International Oil Spill Conference Proceedings 1991, no. 1 (March 1, 1991): 353–55. http://dx.doi.org/10.7901/2169-3358-1991-1-353.
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ABSTRACT The International Oil Pollution Prevention and Response (OPPR) Convention represents current international efforts to improve capabilities to prepare for and respond to catastrophic oil spills. Initiated by the United States, it is being negotiated by the Marine Environment Protection Committee of the International Maritime Organization (IMO). Major components of the proposal include the establishment of an International Marine Pollution Information Center located at IMO headquarters, National Response Centers in each coastal state, and oil spill response contingency plans for ships. Other proposed articles include prepositioning of oil response equipment in high-risk areas, a research and development program for response techniques, and international cooperation during responses to catastrophic oil spills. Several problems have complicated negotiations of the OPPR Convention. First, severe time constraints have been placed on the negotiators, with the final conference1 to consider the OPPR scheduled for November 1990. Second, the United States suffers from a lack of credibility in the IMO, since the Senate has not yet ratified previous initiatives, the 1984 protocols to the 1969 International Convention on Civil Liability for Oil Pollution Damage, and the 1971 Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage. Finally, the IMO's financial troubles have placed the concept of the International Information Center in jeopardy. In spite of these obstacles, a clear majority of countries are willing to support the document, realizing that it fills a gap in marine oil pollution prevention and response. The OPPR Convention will likely be carried through to adoption by the November conference. This paper traces the development of the International Convention on Oil Pollution Response and Prevention. It summarizes the background and initial proposals of the Convention, and then discusses the problems that arose during negotiations. Finally, it describes the present status of the Convention and offers a projection of its future direction.
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Rebeyrol, Vincent. "The Erika Case: an Incitement to Rewrite the CLC." European Energy and Environmental Law Review 22, Issue 1 (February 1, 2013): 33–43. http://dx.doi.org/10.54648/eelr2013003.
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Twelve years after the facts, the French Court of Cassation ( France's highest Court) issued a decision ruling on the consequences of the sinking of the oil tanker Erika, which put an end to the legal proceedings. With respect to the interests of the civil parties, the French Supreme Court applied the "International Convention on Civil Liability for Oil Pollution Damage'' (CLC) of November 27, 1992. However, the solutions adopted by the Court of Cassation based on this Convention, more specifically the decision to hold the Total oil company liable and the manner in which environmental harm was recognized and remedied, are surprising from a strictly legal point of view. Such solutions demonstrate the need to reform the CLC whose current provisions do not meet the legitimate expectations of populations exposed to the risk of oil spills.
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Troop, P. M., Q. C., and Capt M. S. "Ship-Source Oil Pollution Fund: 20 Years of Canada's Experience1." International Oil Spill Conference Proceedings 1991, no. 1 (March 1, 1991): 683–88. http://dx.doi.org/10.7901/2169-3358-1991-1-683.
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ABSTRACT The Ship-source Oil Pollution Fund (SOPF) had its origins in amendments to the Canada Shipping Act passed in 1971. At that time, there was no legal right compensation available to recover the costs and expenses incurred as a result of two oil spill incidents on Canada's east coast. These amendments established the Maritime Pollution Claims Fund (MPCF), which was financed by a levy on every ton of oil imported or exported from Canada. Operational experience dictated further legislative changes in 1987. To strengthen Canada's legal regime in pollution cases, the oil MPCF was transformed into the SOPF, and Canada acceded to the 1969 Civil Liability Convention and the 1971 International Fund Convention. An additional level of compensation over that of the conventions, to a current maximum of Can$105.5 million per incident, was provided. The SOPF also meets claims not covered by the conventions, such as mystery spills, damage caused by ships other than laden tankers and claims beyond the territorial sea but in Canada's fishing zones. Speedy recourse is provided to fishermen so that they do not suffer undue hardship. A unique feature of the SOPF is that Canada's contributions to the International Fund are made directly by the SOPF and not by the individual oil companies. As of April 1990, the balance in the fund was some Can$164 million.
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Latukau, Fikry, and Syah Awaluddin Uar. "Penerapan Prinsip Strict Liability dalam Hukum Lingkungan Internasional dan Nasional Terkait Lingkungan Laut." JIHK 3, no. 1 (July 30, 2021): 45–54. http://dx.doi.org/10.46924/jihk.v3i1.144.
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Isu paling krusial dan sering menjadi pembahasan adalah isu terkait perlindungan pelestarian lingkungan laut. Hal ini sangat berkaitan dengan keberlangsungan hidup dari keanekaragaman hayati di laut, termasuk sumber daya alamnya untuk kebutuhan mansusia, seperti perikanan. Tetapi, banyak aktivitas manusia yang cenderung tidak ramah lingkungan, menyebabkan lingkungan laut mengalami pencemaran dan kerusakan lingkungan laut. Prinsip dasar diatas tertuang dalam pada International Convention on Civil Liability for Oil Pollution Damage 1969, sehingga prinsip tersebut perlu diulas dan dilihat perkembangannya saat ini. Tujuannya penelitian ini adalah mengkaji penerapan prinsip strict liability dalam hukum internasional hukum nasional terkait perlindungan dan pelestarian lingkungan laut. Penerapan prinsip strict liability sebagai prinsip di luar Bab XII tentang Perlindungan dan Pelestarian Lingkungan Laut, Konvensi Hukum Laut 1982 dalam perkembangannya pada konteks hukum laut internasional khususnya tidak hanya sebatas pada kasus-kasus tumpahan minyak saja, yang mana dasar hukumnya terambil dari konvensi international tahun 1969 Pasal 3 ayat (1). Tetapi, pada kasus lainnya yang berdampak pada terancamnya lingkungan laut, seperti pada Kasus Caledonian Sky yang intinya terumbu karang sebagai bagian dari lingkungan laut mengalami kerusakan dan terancam, sehingga masih adanya kekosongan hukum terkait konvensi internasional yang mengatur prinsip strict liability pada konteks pencemaran dan kerusakan lingkungan laut.
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Permata W, Diah Okta, Irma Gusmayanti, and Ria Maya Sari. "PENERAPAN PENGATURAN PEMBUANGAN LIMBAH MINYAK KE LAUT OLEH KAPAL TANKER DILIHAT DARI PERSPEKTIF HUKUM LINGKUNGAN DI INDONESIA." Jurnal Hukum Lingkungan Indonesia 1, no. 1 (February 25, 2020): 155. http://dx.doi.org/10.38011/jhli.v1i1.8.
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AbstrakPencemaran lingkungan laut karena minyak bumi umumnya bersumber dari kapal tanker, baik yang berasal dari tangki bahan bakar kapal itu sendiri atau minyak kotor yang terdapat di dalam kamar mesin maupun minyak sebagai kargo (muatan). Pencemaran laut dapat berdampak sangat luas terhadap segala kehidupan baik di laut maupun daratan yang terkena pencemaran, sehingga adanya pemikiran siapa yang akan memberikan ganti rugi apabila terjadi pencemaran laut perlu diatur secara jelas. Pengaturan mengenai tanggung jawab pencemaran laut bagi kapal-kapal yang mengangkut minyak sebagai muatan (tanker) terdapat dalam Civil Liability Convention 1969. Upaya pencegahan dan penanggulangan pencemaran laut telah dilakukan oleh Indonesia dengan meratifikasi beberapa konvensi internasional seperti Civil Liability Convention 1969. Bagi Negara peserta Civil Liability Convention 1969, langkah-langkah yuridis yang perlu disiapkan adalah menyusun dan menetapkan ketentuan peraturan nasional di bidang pencemaran lingkungan laut dan/atau perairan di sekitarnya, dalam hal ini ketentuan peraturan oleh masing-masing Negara peserta disesuaikan dengan kebutuhannya dengan berpegang atau berpedoman pada tatanan hukum internasional yang berlaku. AbstractThe marine environmental pollution due to oil are generally sourced from the tanker, both derived from the fuel tank of the vessels itself or dirty oil inside engine compartment and oil as cargo. Marine environmental pollution can impact very broadly against all life either in the sea or land affected by the pollution, so any thought of who would provide compensation in the event of marine environmental pollution needs to be clearly regulated. The regulation of marine environmental pollution liability for vessels that carry oil as cargo (tanker) are regulated in Civil Liability Convention 1969 (CLC 1969). The Preventions and controls of marine pollution have been made by Indonesia to ratify several international Conventions such as Civil Liability Convention 1969. For the member states of Civil Liability Convention 1969, juridical measures that need to be prepared is to compose and establish national regulations in the field of marine environmental pollution and/or the surrounding waters, in the provisions of regulation by each the member states needs to be adjusted to hold or guided by existing international legal order.
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Oosterveen, Willem. "Some Recent Developments regarding Liability for Damage Resulting from Oil Pollution — From the Perspective of an EU Member State." Environmental Law Review 6, no. 4 (April 2005): 223–39. http://dx.doi.org/10.1350/enlr.6.4.223.58943.
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The primary purpose of the Civil Liability Convention, Fund Convention and Supplementary Fund Protocol regime is to ensure prompt and full compensation for oil pollution damage in an internationally uniform manner. This article assesses the effectiveness of the present regime and its relationship with the draft EU Directive on environmental liability before looking at the need for revision of the Conventions.
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Linh, Dinh Thi My. "Civil Liability for Marine Oil Pollution Damage in the BRICS Countries." BRICS Law Journal 7, no. 3 (October 10, 2020): 29–51. http://dx.doi.org/10.21684/2412-2343-2020-7-3-29-51.
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Until the 20th century, most countries around the world focused on developing the benefits of maritime transport and paid little attention to oil pollution from ships. The truth of the matter is that the development of marine transportation was a leading cause of marine pollution. Today, marine oil pollution is considered a dangerous source of contamination of the marine environment, and the oil pollution from ships is the source that draws the greatest concern. This concern clearly is felt by the BRICS countries, whose members, with vast seas adjacent to their landmasses, are keenly interested in preserving and protecting the marine environment against pollution, including marine pollution caused by oil from ships. The BRICS member states are countries with large economies and significant influence on regional and global issues. In recent years they have played a vital role in the world economy in terms of total production, destinations for investment capital and potential consumer markets. Therefore, the development and improvement of the laws of these countries relating to civil liability for marine pollution damage have significance for protecting the marine environment. This paper explores the legal regimes relating to civil liability for marine pollution damage at the international level and in the BRICS member states. It compares the differences in the domestic legislation of the BRICS countries pertaining to civil liability for marine pollution damage and concludes with recommendations for better implementation.
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Wu, Chao. "Liability and Compensation for Oil Pollution Damage: Some Current Threats to the International Convention System." Spill Science & Technology Bulletin 7, no. 1-2 (June 2002): 105–12. http://dx.doi.org/10.1016/s1353-2561(02)00053-1.
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Jacobsson, Måns. "THE INTERNATIONAL OIL POLLUTION COMPENSATION FUND: TEN YEARS OF CLAIMS SETTLEMENT EXPERIENCE." International Oil Spill Conference Proceedings 1989, no. 1 (February 1, 1989): 509–11. http://dx.doi.org/10.7901/2169-3358-1989-1-509.
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ABSTRACT The International Oil Pollution Compensation Fund (IOPC Fund) was established in October 1978, pursuant to the 1971 Fund Convention, with the task of providing compensation to victims of oil pollution damage in states party to that convention, to the extent that the victims do not receive adequate compensation from the shipowner and his insurer. During its 10 years of operation, the IOPC Fund has been involved in the settlement of claims arising out of 34 incidents. The fund has developed a reputation for quick settlement of claims. This is based on the fund's careful monitoring of incidents that may lead to claims against the fund, of its readiness to provide information on how to present claims, the well-defined procedures laid down for accepting claims, the discretion given the fund's director in paying compensation, and its close cooperation with shipowners’ protection and indemnity (P & I) clubs. The IOPC Fund's criteria for presentation, documentation, and admissibility of claims are described here, as well as its policies for negotiating with claimants and its definitions of oil pollution. The IOPC Fund's decisions in the past 10 years have contributed to the development and harmonization of international law regarding oil spill liability.
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Muqtarib, Muqtarib. "TANGGUNG JAWAB PEMILIK KAPAL ATAS KASUS TUMPAHAN MINYAK MT ALYARMOUK DI PERAIRAN KEPULAUAN RIAU BERDASARKAN CONVENTION ON CIVIL LIABILITY FOR OIL POLLUTION DAMAGE 1992." LITRA: Jurnal Hukum Lingkungan, Tata Ruang, dan Agraria 2, no. 1 (October 31, 2022): 1–17. http://dx.doi.org/10.23920/litra.v2i1.1065.
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ABSTRAK
Indonesia merupakan negara yang memiliki wilayah laut yang sangat luas, diperkirakan luasnya mencapai 3.273,310 Km. Dengan wilayah laut yang sangat luas itu, Indonesia tentu tidak akan luput dari berbagai permasalahan seperti pencemaran laut, termasuk juga pencemaran akibat tumpahan minyak. Pada tahun 2015 terdapat kecelakaan kapal antara MT Alyarmouk (Libya) dengan MV Sinar Kapuas (Singapura), kecelakaan tersebut mengakibatkan lambung MT Alyarmouk menumpahkan 4.500 ton minyak mentah ke perairan perbatasan Singapura-Indonesia, yang berakibat pada tercemarnya perairan Kepulauan Riau. Metode penelitian yang digunakan dalam penelitian ini adalah pendekatan yuridis normatif serta metode analisis dengan menggunakan pendekatan yuridis kualitatif. Berdasarkan hasil penelitian, ketentuan-ketentuan dalam Convention On Civil Liability For Oil Pollution Damage 1992 (CLC 1992) mewajibkan General National Maritime Transport Company selaku pemilik dari MT Alyarmouk bertanggung jawab secara mutlak atas pencemaran yang terjadi, selanjutnya pemilik kapal tersebut juga harus memberikan kompensasi sebagai bentuk tanggung jawabnya, kepada pihak yang dirugikan akibat pencemaran tersebut.
ABSTRACT
Indonesia is a country that has a very large sea area, an estimated area of 3,273,310 km. With such a vast sea area, Indonesia will certainly not escape various problems such as marine pollution, including pollution due to oil spills. In 2015 there was a ship accident between MT Alyarmouk (Libya) and MV Sinar Kapuas (Singapore), the accident resulted in MT Alyarmouk's hull spilling 4,500 tons of crude oil into the waters of the Singapore-Indonesia border, which resulted in contamination of the waters of the Riau Islands. The research method used in this research is a normative juridical approach and an analytical method using a qualitative juridical approach. Based on the result of the research, provisions in the Convention On Civil Liability For Oil Pollution Damage 1992 (CLC 1992) require the General National Maritime Transport Company as the owner of MT Alyarmouk is absolutely responsible for the pollution that occurs, then the owner of the ship must also provide compensation as a form of responsibility, to the party who is harmed by the pollution.
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Mason, Michael. "Civil liability for oil pollution damage: examining the evolving scope for environmental compensation in the international regime." Marine Policy 27, no. 1 (January 2003): 1–12. http://dx.doi.org/10.1016/s0308-597x(02)00051-9.
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Nuraini, Lia, Suryadi Suryadi, Oksep Adhayanto, Dewi Haryanti, Marnia Rani, Pery Rehendra Sucipta, and Muhammad Fajar Hidayat. "Application Of The Concept Of Eco Liability In Marine Pollution Due To Ship Accidents In Batam Waters Indonesia." BIO Web of Conferences 70 (2023): 04007. http://dx.doi.org/10.1051/bioconf/20237004007.
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Batam’s waters are a very busy sea lane and important for regional and international trade. High maritime activity, including the traffic of cargo ships, tankers, cruise ships, and passenger vessels, is an integral part of the economic and transportation life of the region. However, as a consequence of heavy maritime activity, the risk of ship accidents increases and is often a serious concern for those involved in the shipping industry and governments. Ship accidents can cause oil spills, dangerous chemicals, and other waste that can pollute waters, and beaches, and affect marine animal and plant life. This research uses normative research methods with qualitative analysis. This research aims to determine the application of the eco liability principle in marine pollution due to ship accidents in Batam waters. One of the concepts proposed to address the environmental impact of ship accidents is eco-liability, which is environmental responsibility.A method that focuses on comprehending and rebuilding marine ecosystems is needed to apply the notion of eco-liability to combat marine pollution caused by ship accidents. The concept of eco liability focuses on environmental restoration so that each polluter is responsible for providing compensation for environmental restoration efforts carried out through coordination between the central government and regional governments. To compensate for damage caused by oil pollution sufferers and control civil liabilities brought on by pollution accidents, international treaties have been formed.
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Penttilä, Outi. "Transboundary Environmental Harm in the Arctic – In Search of Accountability for an Oil Spill." Yearbook of Polar Law Online 10, no. 1 (2019): 187–214. http://dx.doi.org/10.1163/22116427_010010010.
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Recently, the Arctic has transformed from a peripheral region to an area of great interest, for instance in terms of oil drilling. Nonetheless, no legal instrument has addressed the matter of accountability for transfrontier oil pollution damage. This article accordingly evaluates whether the current legal constructs, meaning State responsibility, international liability, civil liability regimes, and multilateral environmental agreements, allow accountability to be established for transboundary environmental harm resulting from hydrocarbon exploitation in the Arctic. It also examines whether these constructions could serve as the basis for future legislative actions. This article treats these four constructions as layers of accountability. After examining all of the layers in their current formulation, this article asserts that the existing layers cannot establish accountability for transboundary environmental damage in the Arctic, nor do they as such offer an effective way to regulate accountability in the future. Therefore, the article concludes that the law of accountability necessitates a new approach, such as a non-compliance mechanism or hybrid system combining elements of multiple layers. Finally, the article calls for immediate legislative actions.
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김기순. "A Study on the International Civil Liability and Compensation Regime for Oil Pollution Damage and the Compensation for Damage of the Hebei Spirit Incident." Korean Lawyers Association Journal 58, no. 2 (February 2009): 149–205. http://dx.doi.org/10.17007/klaj.2009.58.2.004.
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Lyster, Rosemary. "A Fossil Fuel-Funded Climate Disaster Response Fund under the Warsaw International Mechanism for Loss and Damage Associated with Climate Change Impacts." Transnational Environmental Law 4, no. 1 (April 2015): 125–51. http://dx.doi.org/10.1017/s2047102514000302.
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AbstractThree sets of social institutions deal with catastrophic risk: government regulation through rule making, the market, and civil liability. Climate disasters expose the limitations of all of these social institutions and often result in extensive uncompensated losses, particularly in developing countries. The author proposes the establishment of a fossil fuel-funded Climate Disaster Response Fund to compensate victims for the ‘residual’ risk of climate disasters in developing countries that are particularly vulnerable to the impacts of climate change. This Fund, established under the UNFCCC’s Warsaw International Mechanism for Loss and Damage Associated with Climate Change Impacts, would comprise levies placed on the world’s top 200 fossil fuel companies. This proposal is modelled on various domestic and international funds which have been established to overcome the difficulties posed by tort law and which require companies to pay for the hazardous consequences of their activities and products. Precedents include funds to compensate for the damage caused by toxic chemicals, oil pollution spills, asbestos and nuclear accidents.
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Purwendah, Elly Kristiani. "KEGAGALAN KLAIM DANA RFC OLEH INDONESIA DALAM KASUS PENCEMARAN MINYAK KAPAL TANKER LINTAS BATAS NEGARA DI PANTAI NONGSA, BATAM." Bina Hukum Lingkungan 6, no. 2 (March 20, 2022): 297–316. http://dx.doi.org/10.24970/bhl.v6i2.260.
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ABSTRAKPeta Kebijakan Kelautan Indonesia menuju Poros Maritim Dunia tertuang dalam 7 (tujuh) pilar kebijakan, salah satunya adalah Pengelolaan Ruang Laut dan Perlindungan Lingkungan Laut, yang dijabarkan lebih lanjut dalam 76 (tujuh puluh enam) Kebijakan Utama dimana pada kebijakan kelima terdapat 6 (enam) strategi Perlindungan Lingkungan Laut. Namun, sangat disayangkan dalam penerapannnya pada kasus pencemaran minyak yang terjadi di Pantai Nongsa Batam masih mengalami gagal klaim ganti rugi dana Revolving Fund Comitte (RFC) yang merupakan sebuah dana Bersama yang bersumber dari Memorandum of Understanding (MoU) antara Pemerintah Indonesia, Malaysia dan Singapura beserta The Malacca Straits Council (MSC) atas nama Asosiasi-asosiasi non Pemerintah Jepang yang ditanda tangani tanggal 11 Februari 1981 tentang koordinasi pembentukan Satuan Operation Procedure (SOP) pengelolaan dana Revolving Fund Committee (RFC) untuk pencegahan pencemaran minyak di lingkungan laut selat Malaka serta Singapura. Selain ketentuan tersebut, secara umum terdapat peraturan kalim ganti rugi pencemaran yang berupa ratifikasi konvensi pertanggungjawaban perdata atas kerugian akibat pencemaran minyak yang diratifikasi melalui Keputusan Presiden Nomor 18 Tahun 1978 tentang Pengesahan International Civil Liabiality for Oil Pollution Damage 1969. Kesulitan pengujian pembuktian pencemaran menjadi penyebab gagal klaim ganti rugi terhadap negara bendera kapal. Hal ini membuktikan masih lemahnya struktur hukum dalam menerapkan ketentuan klaim ganti rugi pencemaran minyak untuk melindungi lngkungan laut Indonesia.Kata kunci: pencemaran minyak; kecelakaan kapal tanker; klaim ganti rugi; selat malaka; lintas batas negara.ABSTRACTIndonesia's Marine Policy Map towards the World Maritime Axis is the oldest in the 7 (seven) policy pillars, one of which is Marine Spatial Management and Marine Environmental Protection, of which seventy-six main policies are in which there are 6 (six) Marine Environmental Protection strategies. However, it is very important, in its application to the case of oil pollution that occurred at Nongsa Beach, Batam, it still failed to claim a claim for loss of funds from the Revolving Fund Committee (RFC) which was a joint source from the Memorandum of Understanding (MoU) between the Governments of Indonesia, Malaysia and Singapore and the Malacca Straits Council (MSC) on behalf of Japanese non-government associations signed on February 11, 1981 regarding the coordination of the establishment of an Operation Procedure Unit (SOP) for managing funds from the Revolving Fund Committee (RFC) for the prevention of oil pollution in the marine environment of the Malacca Strait and Singapore. As mentioned above, there is a compensation regulation in the form of ratification of a civil convention for losses due to oil pollution which was ratified through the Presidential Decree of the Republic of Indonesia Number 18 of 1978 International Civil Responsibility Authorization for Damage to Oil Pollution Concerning 1969. causes of failure to compensate the flag state boat. This proves the weakness of the legal structure in applying oil and gas compensation claims to protect Indonesia's marine environment.Keywords: compensation claim; oil pollution; tanker accidents; straits of malacca; multi-national cross-border.
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Pajtić, Bojan. "The right to environmental protection in Serbia: Between ethics of good intention and ethics of responsibility." Zbornik radova Pravnog fakulteta, Novi Sad 55, no. 4 (2021): 1063–82. http://dx.doi.org/10.5937/zrpfns55-30732.
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The paper focuses on formal and practical problems in the field of environmental protection, which occur as a consequence of omissions of the legislative and executive authorities in Serbia. The text analyzes the positive legislation and compliance of domestic legal regulations with international declarations and conventions ratified by our country (from the Stockholm Declaration and the Council of Europe Convention on Civil Liability for Damage Caused by Dangerous Activities to the Environment to the Rio Declaration), as well as with European Directives (EU Directive on Industrial Emissions) and Regulations (Regulation No. 525/2013 on monitoring and reporting of greenhouse gas emissions and reporting on other information relevant to climate change). The candidacy for equal membership in the European family of nations obliges the Serbian Parliament and the Government to make additional efforts in the direction of harmonizing our law with the European one. The paper takes a de lege ferenda approach, so the author explains the need to amend a number of laws, such as the Law on Environmental Impact Assessment, the Law on Strategic Environmental Assessment, the Law on Fees for the Use of Public Goods and the Law on Budget system, as well as the enactment of the Law on Climate Change and the Serbian Civil Code as soon as possible (in which dilemmas that hinder the subjects of law in using the environmental lawsuit as an instrument of environmental protection should be resolved). An unacceptable deviation from one of the fundamental principles established by the Rio Declaration was pointed out, which brings with it a number of structural problems and the inability of both the Green Fund institutions and a number of organizations that focus on ecology. The consequences of the discrepancy between the intentions proclaimed by the Constitution of Serbia and the National Strategy of Serbia for the accession of Serbia and Montenegro to the European Union from 2005 on the one hand and the absence of adequate legislative and executive activities in environmental protection, on the other hand, are obvious in the reports of the European Commission and the European Environment Office, as well as in the health risk and increased mortality of a large number of citizens of Serbia and other European countries, due to harmful emissions that cause pollution of air, water and soil in our country. In addition to the proposals for changes in the formal framework in the field of environmental protection, the paper points out the need to use those mechanisms of civil protection, such as environmental lawsuits (established by the Law on Obligations 1978), which is, by its nature, actio popularis and in that sense accessible to the widest range of subjects. The defense of the standards established by the Kyoto Protocol and the Basel Convention would, through the extensive use of this procedural instrument, be placed not only in the hands of representatives of the legislature and the executive, but also, the judiciary (conditionally, of course, because courts can decide only initiate a civil action, but not on its own initiative).
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Betlem, Gerrit. "Book ReviewsBook ReviewsBetlemGerritDrSenior Researcher, Utrecht University121998453439444GavouneliM., Pollution from Offshore Installations, Graham & Trotman, London 1995, International Environmental Law and Policy Series, doctoral thesis Cambridge University, pp. XIX + 288 pp. ISBN 1-85966-18-6.Copyright © T.M.C. Asser Press 19981998T.M.C. Asser PresspdfS0165070X00002278a.pdfdispartBook Reviews1.London, 17 December 1976, 16 ILM (1977) p. 1450; also published in HohmanH., ed., Basic Documents of International Environmental Law (London, Graham & Trotman 1992) No. 48d.2.Brussels, 29 november 1969, Trb. 1970 No. 196; 9 ILM (1970) p. 45; as amended by the Protocol of 1984, Trb. 1986 No. 13 and the Protocol of 1992, IMO Document LEG/CONF.9/15 (The 1992 Liability Convention). See generally WilkinsonD., ‘Moving the Boundaries of Compensable Environmental Damage Caused by Marine Oil Spills: The Effect of Two New International Protocols." Netherlands International Law Review 45, no. 03 (December 1998): 439. http://dx.doi.org/10.1017/s0165070x00002278.
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Van Tan, Pham. "International Laws on Oil Pollution Caused by Ships and Their Enforcement in Vietnam." Journal of Southwest Jiaotong University 55, no. 2 (2020). http://dx.doi.org/10.35741/issn.0258-2724.55.2.55.
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Pollution in the marine environment, especially pollution caused by oil, is of major interest to the international community because the sea plays a major role in human life. With the rapid development of Vietnam’s maritime activities, the risk of oil pollution in Vietnam’s sea is increasing. Therefore, the study of the international laws on oil pollution caused by ships is also an urgent and necessary issue for Vietnam. The system of modern international laws has formed the legal regulatory framework to address oil pollution caused by ships at the sea by a series of international conventions related to oil pollution. With the comparison method and assessment method, the article describes a new idea for improving the oil pollution law system of Vietnam, based on the analysis and comparison of international conventions on oil pollution caused by ships with several Vietnam laws, including: United Nations Convention on the Law of the Sea 1982; International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978; International Convention on Civil Liability for Oil Pollution Damage 1992; and International Convention on Civil Liability for Bunker Oil Pollution Damage 2001. From these analyses and comparisons, the author offers some learned lessons for Vietnam, which have helped Vietnam to develop legal documents to improve the legal system regarding oil pollution – which is a necessity for Vietnam at present.
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Prasasti, Cindy A., Kania Rahmadiani, and Fayza Muthmainnah. "Legal Basis and Procedures Unification on Oil Spill Damage Compensation In International Convention on Civil Liability for Oil Pollution Damage (1992) and The International Convention on Civil Liability for Bunker Oil Pollution Damage (2001): on Indonesian International Private Law Perspective." Journal of Private International Law Studies 1, no. 1 (July 1, 2024). http://dx.doi.org/10.21143/jpils.v1i1.1006.
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"Protocol of 1992 to Amend the International Convention on Civil Liability for Oil Pollution Damage, 1969 (*)." Uniform Law Review os-20, no. 2 (August 1992): 61–91. http://dx.doi.org/10.1093/ulr/os-20.2.61.
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"Convention internationale sur la responsabilité civile pour les dommages dus à la pollution par les hydrocarbures (CLC) - 1969/1969 - International Convention on Civil Liability for Oil Pollution Damage (CLC)." Uniform Law Review os-19, no. 2 (August 1991): 260–63. http://dx.doi.org/10.1093/ulr/os-19.2.260.
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"Convention internationale sur la responsabilité civile pour les dommages dus à la pollution par les hydrocarbures (CLC) - 1969/1969 - International Convention on Civil Liability for Oil Pollution Damage (CLC)." Uniform Law Review os-19, no. 2 (August 1991): 264–66. http://dx.doi.org/10.1093/ulr/os-19.2.264.
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Parerungan, Semuel Dumak, Upik Widyaningsih, and Femmy Asdiana. "Implementation Of The Regulation Of Marine Waste Disposal By Tanker Ship From Indonesian Environmental Law Perspective." LIGAHUKUM 1, no. 2 (January 31, 2021). http://dx.doi.org/10.33005/ligahukum.v1i2.112.
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Abstract
Pollution of the marine environment due to petroleum is generally sourced from tankers, whether originating from the ship's own fuel tank or dirty oil contained in the engine room as well as oil as cargo (cargo). Marine pollution can have a very broad impact on everything life both in the sea and on land that is affected by pollution, so that there is an idea of who will provide compensation if this happens marine pollution needs to be regulated clearly. Arrangements regarding responsibility responsible for marine pollution for ships carrying oil as cargo (tanker) is contained in the Civil Liability Convention 1969. Efforts prevention and control of marine pollution has been carried out by Indonesia by ratifying several international conventions such as Civil Liability Convention 1969. For Countries participating in the 1969 Civil Liability Convention, juridical steps that need to be prepared are compiling and stipulating the provisions of national regulations in the field of environmental pollution sea and / or surrounding waters, in this case the provisions of regulations by each participating country according to their needs adhere to or are guided by the applicable international legal order.
Keywords: marine pollution, marine environment
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Fu, Ben-Chao, and He-Ran Li. "Legal advice on the Chinese compensatory fund system for oil pollution damage caused by ships from the perspective of marine environmental governance." Frontiers in Marine Science 9 (January 9, 2023). http://dx.doi.org/10.3389/fmars.2022.1083624.
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As one of the primary obstructive factors for marine environmental governance, the frequent occurrence of oil pollution damage caused by ships has resulted in the establishment of compensation funds, such as the Oil Spill Liability Trust Fund of the United States, Ship Oil Pollution Fund of Canada and International Oil Pollution Compensation Fund (IOPC). Frequently suffering from marine oil pollution, China has extended considerable effort in marine environmental governance. Following the introduction of the ‘green principle’ into the Civil Code, China attached increasing significance to the legislation including compensation for oil pollution damage caused by ships. China formally established a compensation fund in 2012, and the past decade has witnessed the burgeoning development of the Chinese Ship-source Oil Pollution Compensation Fund (CSOPC), in addition to several defects which impede the fund from achieving the goal of marine environmental governance. As a national fund that is independent of the IOPC, the CSOPC adopts several regulations that are distinctive from internationally recognized practice; for instance, not recognizing pure economic loss within the scope of compensation. Such unique parameters, though partially originating from the national conditions in China, have resulted in glaring defects, including incomplete compensation scope and inappropriate compensation measures. Given the above problems, this study endeavours to provide several legal recommendations from the perspective of macro policies for improving the top-level design of the system, enhancing oil pollution compensation capabilities, and promoting the internationalization process. The study proposes two potential regulatory paths for innovation; namely, enlarging the range of compensation and establishing an essential emergency fund. From the perspective of protecting the rights of the victims of oil pollution damage and safeguarding the public interests of the ocean, this study puts forward relevant legal suggestions, which are expected to make valuable contributions to improving the compensation system for oil pollution damage caused by ships in China and promoting the governance of the marine environment.
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Van Tan, Pham. "A study of compulsory insurance for civil liability for oil pollution damage caused by ships: what are the rules for small ships that have no formal obligations under the convention?" Australian Journal of Maritime & Ocean Affairs, October 15, 2020, 1–9. http://dx.doi.org/10.1080/18366503.2020.1834064.
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