Civil Liability Of Oil Pollution Damage Arising From Collision Between Ships At Sea

A possible consequence of a collision is oil pollution from a vessel carrying a cargo of oil, or from its bunkers. Oil pollution might arise as an accidental escape or from the conscious decision of the master to lighten his stricken vessel. The legal regime, both civil and criminal, which has been developed by this country and the international community, both on intergovernmental and non-governmental levels, to deal with oil pollution is detailed and complex and extends beyond pollution arising from collision. This thesis is designed to provide only a summary of the regimes for compensation of the victims of oil pollution and the criminal sanctions in respect of oil pollution. Although a large measure of international agreement has been achieved by the successful adoption of international conventions and at one time, the application of private industry schemes, there remain national variations and what follows is a summary of the position as applies under English law and procedure. This thesis will deal with the international conventions (i.e. the Civil Liability Convention of 1969 and 1992 and the Fund convention of 1971 and 1992) and refer briefly to the now defunct private industry schemes (i.e. .TOVALOP and CRISTAL), and with the common law.