The chemical tanker IevoliSun, with styrene and other hazardous and noxious substances on board, sinks off the coast of France in 2000. Therefore, right after reading in a new (but ortodox) light the provison in report 221, paragraph five, in mixture with articles 220, paragraph six and 228 of UNCLOS, the judgment holds that, in case of serious damage to the marine atmosphere, national courts may impose penalties in accordance with their legislation, to give effect to the provisions of the Marpol Convention.
In the occasion that there are not adequate funds readily available below the CLC 92 to settle all the claims resulting from a tanker spill, there is an added layer of compensation for nations that are celebration to the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Harm (Fund Convention). The present Convention is established in a single copy in the English and French languages, each texts becoming equally authentic. Nevertheless, in no case shall an action be brought immediately after six years from the date of the incident which brought on the damage.
For ships carrying additional than 2 000 tonnes of oil as cargo in bulk, the shipowner is obliged to maintain insurance coverage to cover his liability below the 1992 CLC, and claimants have a proper of direct action against the insurer. An HNS Fund (which will most probably be administered by the secretariat of the 1992 IOPC Fund) offers compensation up to a total of SDR 250 million (US$ 385 million), inclusive of shipowner liability but irrespective of ship size.
As soon as the present Convention comes into force, the text shall be transmitted by the Secretary-Basic of the Organization to the Secretariat of the United Nations for registration and publication in accordance with Post 102 of the Charter of the United Nations. In conclusion, all these all-natural and legal persons are declared guilty of the crime of pollution and sentenced to pay fines of a variety of amounts.
The International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Harm, 1992 (the 1992 Fund Convention). The limitation of liability might disappear where it can be proved that the accident resulted from a personal act or omission of the ship-owner, committed recklessly or with intent to result in damage, and with know-how that such damage would probably occur. This is one more cause for which the bareboat charterer, the manager and the operator (if a distinction between bareboat charterer and operator is conceivable in practice) would be compelled to insure their liability.
