Civil Liability Convention
The 1992 Civil Liability Convention (1992 CLC) governs the liability of shipowners for oil pollution damage. B. that, where legally feasible in accordance with their national law, States Parties to the 1969 CLC accept CLC certificates issued by State Parties to the 1992 CLC as proof that a ship has insurance cover as required by the 1969 CLC. Note: The limits of liability under the a variety of regimes are primarily based on specified units of account (Specific Drawing Proper – SDR). Size is not relevant nor is there any provision in the Convention, as there is in some other conventions, such as the LLMC Convention in its art. These Parties that have not ratified the 1992 regime are still regarded as Parties to CLC 1969.
This section is only applicable to ships flying the flags of a State celebration to the 1969 CLC (see Annex two). Until 30 May … Read the rest >>>
A spill of oil from a ship can cause a economic loss for a variety of organisations and individuals. The International Convention on Civil Liability for Bunker Oil Pollution Harm (the Bunkers Convention) is adopted internationally. Compensation beneath the Fund Convention is offered by oil cargo receivers in Contracting States and every contribution depends on individual import quantities. Its key characteristics are the same as CLC 1969, but CLC 1992 differs in the amounts by which a shipowner may limit his liability. Panama has indicated that it would be ready to present 1969 CLC certificates for 1992 CLC flag ships. The Protocol of 1984 to amend the CLC was aimed at increasing limits of liability.
The civil liability regime for ship-supply oil pollution enables national victims of oil spill harm to make monetary claims against domestic and non-domestic tanker owners and, in specific situations, the international oil cargo market. The 1971 Fund Convention offered for the payment of supplementary compensation to those who could not acquire full compensation for oil pollution harm under the 1969 CLC. The Canadian Government’s claim for charges and expenses 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.
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.
I. The text of this explanatory report does not constitute an instrument supplying an authoritative interpretation of the text of the Convention while it may well facilitate the understanding of the provisions of the Convention. The level of cover need to be equal to the limits of liability under the applicable national or international limitation regime, but in no case exceeding the quantity calculated in accordance with the Convention on Limitation of Liability for Maritime Claims, 1976, as amended. The Protocols to the 1969 Civil Liability Convention and the 1971 Fund Convention are adopted internationally. After that date a state will not be capable to be a party to each the 1969 and 1992 CLC.