| As new drilling technology enables exploitation of more and more previously inaccessible areas, there is renewed concern over the risk of catastrophic oil spills. Drilling in deeper waters increases the difficulties of remedying a blowout. Thus, there is a greater risk of extensive oil pollution damage. The Montara and Deepwater Horizon incidents illustrate the potential damage that catastrophic oil spills from offshore platforms may cause. Under the no-harm rule, states have an obligation of due diligence to ensure that offshore drilling activities within their jurisdiction do not cause harm to the environment of another state. However, even if a state has exercised its obligation of due diligence under the no-harm rule, a catastrophic oil spill may still occur. Under such circumstances, there is a gap in the law where liability and compensation is concerned. Hence, there is a need for an international civil liability convention for offshore drilling activities. |
