Review Of Implementation Of International Civil Liability And Compensation Regime For Ships’ Oil Pollution Damage

This dissertation focus on the implementation of international civil liability and compensation (CLC) regime for oil pollution damage caused by ships carrying oil in bulk as cargo. The study is important in the current global developments in the awareness of marine environment preservation and the attempt to solve liability and compensation issues brought by oil spills. Research approach adopted in this dissertation include the study of relevant international agreements, domestic laws giving effect to international agreements as well as judicial decisions of national courts. The study provides an overview of the international legal regime for oil pollution caused by ships. Prevention conventions are scrutinized while the field of claims for oil pollution damage is examined. In doing so it reveals that prevention and compensation convention work together in the protection of marine environment. Therefore, provides the rationale behind the current schemes of liability and compensation for oil pollution damage.In the view of the CLC regime for oil pollution damage, this dissertation examines the background of the regime from the Torrey Canyon incident to the adoption of the1969CLC and the1971Fund Convention. Major relevant amendments are also examined. Salient provisions of the international liability and compensation regime for oil pollution damage are thoroughly examined to get a better understanding of the provisions and reveal its weakness and strength. On the implementation of CLC regime this dissertation judiciously discusses judicial decisions of the Erika incident in France and the Braer incident in the United Kingdom. The laws of the United Republic of Tanzania and those of the People’s Republic of China are also assessed in relation to the implementation of CLC. It is found that different States implement the CLC regime in diverse ways in accordance with diverse legal systems. Furthermore, the United States Oil Pollution Act1990, the2001International Convention Bunker Oil Pollution Damage, and the European Community laws related to environmental liability are comprehensively discussed in relation to the implementation of the CLC regime. The discussion reveals that such other legislations could either be a hindering factor or otherwise to the implementation of the CLC regime. Finally, this dissertation concludes that it is high time for States to rethink on CLC regime provisions especially relating to compensable damage. Although it might be difficult to attain fully uniform implementation of the CLC regime in State parties, the regime is still important tool in the uniformity of the law globally. Therefore, more States should be encouraged to join and participate fully in the CLC regime as it is important for all States to stand together to achieve cleaner oceans as well as to share responsibility in issues arising from oil pollution caused by ships carrying oil in bulk as cargo.