The memorandum and the conventions that have been ratified by Ghana and have been incorporated into the bill include: the International Convention for the Prevention of Marine Pollution from Ships, the 1996 Protocol to the Convention on the Prevention of Marine Pollution by Dumping of Wastes and other Matter (London Dumping Convention)1971, the International Convention Relating to Intervention on Higher seas in case of Oil Pollution Casualties, Oil Pollution Preparedness Response and Cooperation Convention (OPRC), the 1992, Civil Liability Convention (CLC) and the International Oil Pollution Compensation Fund 1992. The liability and compensation provisions in Portion XVI of the Canada Shipping Act are transferred to the Marine Liability Act, Part six. In May possibly 2003, a Supplementary (‘third tier’) Fund was established at the IMO via a Protocol that elevated the quantity of readily available compensation to about US$ 1 billion (like the amounts paid under the 1992 CLC and Fund Convention) in countries that are celebration to it.
The limitations of the international regime established by the IMO Conventions on civil liability for oil pollution harm, particularly with respect to compensation for environmental harm per se, have prompted actions before national Courts in search of suitable reparation from parties (other than the shipowner) involved in the operations of tankers in circumstances of catastrophic oil spills.
The TGI judgment also goes far beyond the IMO civil liability regime in applying the French legal notion of compensable harm which consists of not only material damage but also individual injury, moral harm and pure environmental damage. Traditionally, Clubs have supplied blue cards addressed to a ship?s flag state, confirming an owner has in place insurance coverage to cover Civil Liability Convention liabilities.
That identical 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, since the French widespread 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 May well 2002 and does not apply to incidents occurring soon after that date.
As to the subsequent civil liability, the ruling holds all involved parties jointly and severally liable for harm brought on by the incident, ordering them to pay compensation totalling € 192.5 million. The 1992 Fund is financed by contributions levied on any entity or individual who has received much more than 150,000 tonnes of persistent oil following sea transport per calendar year in countries that are Parties to the 1992 Fund Convention.
