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Lecture Maritime safety and security administration - Topic: International oil pollution compensation (IOPC) schemes

Lecture Maritime safety and security administration - Topic: International oil pollution compensation (IOPC) schemes. The topics discussed in this chapter are: Introduction; international convention on civil liability for oil pollution damage (CLC), 1969; the protocol of 1992; international convention on the establishment of an international fund for compensation for oil pollution damage (Fund), 1971;. | INTERNATIONAL OIL POLLUTION COMPENSATION (IOPC) SCHEMES Regional Maritime University Introduction Inspite of the best pollution prevention efforts, oil pollution occurs, and when it occurs people suffer different types of damages. Those who suffer the damage need to be compensated. The Torrey Canyon incident of March 1967 off the English coast made the world aware of the need for international regimes of liability and compensation for pollution damage caused by oil spills from tankers Two conventions were adopted in 1969 and 1971 International Convention on Civil Liability for Oil Pollution Damage, 1969 (Civil Liability Convention ) or (CLC 1969) International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage 1971 ((FUND CONVENTION OR (FUND 71) The FUND convention is supplementary to CLC. One can therefore not be a party to the FUND if the state is not party to the CLC International Convention on Civil Liability for Oil Pollution . | INTERNATIONAL OIL POLLUTION COMPENSATION (IOPC) SCHEMES Regional Maritime University Introduction Inspite of the best pollution prevention efforts, oil pollution occurs, and when it occurs people suffer different types of damages. Those who suffer the damage need to be compensated. The Torrey Canyon incident of March 1967 off the English coast made the world aware of the need for international regimes of liability and compensation for pollution damage caused by oil spills from tankers Two conventions were adopted in 1969 and 1971 International Convention on Civil Liability for Oil Pollution Damage, 1969 (Civil Liability Convention ) or (CLC 1969) International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage 1971 ((FUND CONVENTION OR (FUND 71) The FUND convention is supplementary to CLC. One can therefore not be a party to the FUND if the state is not party to the CLC International Convention on Civil Liability for Oil Pollution Damage (CLC), 1969 The Civil Liability Convention was adopted to ensure that adequate compensation is available to persons who suffer oil pollution damage resulting from maritime casualties involving oil-carrying ships. The Convention places the liability for such damage on the owner of the ship from which the polluting oil escaped or was discharged. CLC (continued) Subject to a number of specific exceptions, this liability is strict; (operate on the principle of Strict Liability-ie the shipowner is liable even in the absence of fault) it is the duty of the owner to prove in each case that any of the exceptions should in fact operate. Exceptions As a result of war or Grave natural disaster Sabotage by a third party (wholly caused by 3rd party) Inability of port and coastal authorities to provide or maintain navigational aids in territorial waters. Requirements The Convention requires ships covered by it to maintain insurance or other financial security in sums equivalent to the owners .