Oil Pollution: The International Liability and Compensation Regime

摘要

1. There is no need for detailed pictures. Recent cases such as the Prestige and the Erika speak for themselves and emphasise how serious oil pollution can be. In such a context, it seems important that both lawyers and policymakers have a clear statement of both liability and compensation issues. These are in fact of paramount importance and must be understood as widely as possible. 2. Compensation for pollution damage caused by spills from vessels is actually governed by various international regimes according to the type of vessels concerned: roughly, tankers and non-tankers. Oil pollution caused by tankers is governed by two conventions: the 1969 Civil Liability Convention and the 1971 International Fund Convention (both amended by two Protocols in 1992) while damage caused by other vessels and their bunker oil, ( i.e. oil in the vessel's bunker used for her own propelling) is covered by the Bunker Oil Convention of 2001. 3. This article will focus on both the liability and compensation regimes for pollution damage caused by tankers and will highlight the major trends at international level (Ⅰ) their effect on European policy (Ⅱ) and the recent effects of this interaction with the recently adopted Protocol on the Supplementary Fund (Ⅲ).