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 1996 only one particular Civil Liability Convention was in force: the 1969 CLC providing limits of liability on a sliding scale beginning at SDR 133 per limitation ton up to a maximum of SDR 14 million (approximately USD 20.2 million). Note: In 2008, the text of the Convention was accessible by means of the Australian Treaties Library on the AustLII Web site ().
So far as this Component applies, Articles 3, 5 and six, paragraph 10 of Report 7, and Short article eight, of the Bunker Oil Convention have the force of law as part of the law of the Commonwealth. Likewise, and without the require to decide on which of the companies of the Group was the true charterer of the vessel, the judgment rules that, in any case, Total SA has committed a reckless and conscious fault in the vetting procedure and is not consequently exonerated of assuming civil liability in accordance with the CLC.
The Convention entitles claimants to compensation for loss or damage to persons, house and the atmosphere brought on by incidents involving cargoes of oil, gases and chemicals, plus other substances which are hazardous in packaged form. No claim for compensation for pollution harm shall be created against the shipowner otherwise than in accordance with this Convention. It will be needed when calling at these nations for ships to have on board a 1969 CLC certificate.
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 regime. Applied provisions means the provisions of the Bunker Oil Convention pointed out in section 11 as they have the force of law as aspect of the law of the Commonwealth.
