Civil Liability ConventionIn situations when the shipowner is deemed guilty of fault for an instance of oil pollution, the convention does not cap liability. Canada decides to adopt the international scheme for liability and compensation for oil pollution damage from ships and accedes to the 1969 Civil Liability Convention and the 1971 International Fund Convention on April 24, 1989. The shipowner shall be entitled to limit liability in accordance with the applicable international convention or the national law of the State the courts of which have jurisdiction in accordance with write-up 9, paragraph 5. C. Some 1969 CLC States have agreed to accept 1992 CLC certificates as proof of 1969 CLC liabilities, e.g. Indonesia.

The International Convention on Civil Liability for Bunker Oil Pollution Harm (the Bunkers Convention) is adopted internationally. Compensation under the Fund Convention is supplied by oil cargo receivers in Contracting States and every contribution depends on individual import … Read the rest >>>

Civil Liability ConventionIn February, the Arrow strikes rock in Chedabucto Bay, Nova Scotia, spilling some eight,000 tonnes of oil. The 1971 Fund Convention offered for the payment of supplementary compensation to these who could not receive complete compensation for oil pollution damage beneath the 1969 CLC. The Canadian Government’s claim for charges and expenditures incurred is presented to, and paid by, the International Oil Pollution Compensation Fund. The consolidated text of CLC 1969, as modified by the 1992 Protocol, is referred to as the 1992 Civil Liability Convention.

On the other hand, the 1992 CLC prohibits claims against the servants or agents of the shipowner, the members of the crew, the pilot, the charterer (including a bareboat charterer), manager or operator of the ship, or any particular person carrying out salvage operations or taking preventive measures, unless the pollution damage resulted from the private act or omission of the person concerned, committed … Read the rest >>>

Civil Liability ConventionThis Protocol extends the application of the 1969 Liability Convention to contain the exclusive financial zone of a Contracting State established in accordance with international law, or if a Contracting State has not established such a zone, in an region beyond and adjacent to the territorial sea of that State determined by that State in accordance with international law and extending not much more than 200 nautical miles from baseline from which the breadth of its territorial sea is measured (art. As soon as this Convention comes into force, the text shall be transmitted by the Secretary-Common to the Secretariat of the United Nations for registration and publication in accordance with Article 102 of the Charter of the United Nations. They will need to acquire a certificate covering 1969 CLC liabilities from one more source in order to be permitted to enter the waters of States parties to the 1969 … Read the rest >>>

Civil Liability ConventionShipowner” implies the owner, like the registered owner, bareboat charterer, manager and operator of the ship. Rights to compensation beneath this Convention shall be extinguished unless an action is brought thereunder within three years from the date when the damage occurred. A list of States which will be parties to the 1992 CLC as from midnight on 15 May well 1998 is attached as Annex 1. A list of States which will be parties to the 1969 CLC as from midnight on 15 Might is attached as Annex 2. Once this certificate has been obtained it can be retained on board for use in the course of calls to any 1969 CLC states for the remainder of the policy year.

B. States parties to the 1969 CLC continue the established practice of issuing 1969 CLC certificates to ships flying the flag of non-party States and accept such certificates issued by … Read the rest >>>

Civil Liability ConventionThese Suggestions were adopted at the 35th International Conference of the Comité Maritime International (CMI), held in Sydney on 2-eight October 1994. This section is only applicable to ships flying the flags of a State celebration to the 1969 CLC (see Annex two). Till 30 May 1996 only one Civil Liability Convention was in force: the 1969 CLC offering limits of liability on a sliding scale starting at SDR 133 per limitation ton up to a maximum of SDR 14 million (around USD 20.two million). Note: In 2008, the text of the Convention was accessible via the Australian Treaties Library on the AustLII World wide web site ().

In a parallel law suit, the Tribunal de Grande Instance de Paris (hereafter TGI), by a historic ruling of 16 January 2008 17 , changed the status quo ante in applying the French droit commun” in addition to the 1992 CLC/IOPC Fund … Read the rest >>>