International Maritime Organization and Civil Liability for Offshore Oil Pollution

Document Type : Original Article from Result of Thesis

Authors

1 PhD Student in International Law, Kermanshah Branch, Islamic Azad University, Kermanshah, Iran.

2 Assistant Professor, Department of International Law, Kermanshah Branch, Islamic Azad University, Kermanshah, Iran.

3 Assistant Professor, Department of International Law, Khorramabad Branch, Islamic Azad University, Kermanshah, Iran.

Abstract

The International Maritime Organization (IMO) is considered a specialized agency responsible for regulating various maritime issues, including civil liability for offshore oil pollution. The important point in this regard is to identify and operationalize the process of compensation for damage to people and the marine environment. This descriptive-analytical study hence aims to evaluate the performance of IMO in terms of civil liability for offshore oil pollution. This study also discusses the liabilities of ships carrying oil products and how they compensate for possible damage and loss. The first issue raised after any marine accident causing oil pollution is the liabilities of the shipowner and how they should compensate for the damage and losses. According to the International Convention on Civil Liability for Oil Pollution Damage (CLC), the owners of oil tankers are responsible for adequate compensation for damage and losses caused by oil pollution. In fact, IMO has developed a unique and complete legal system for civil liability for offshore oil pollution. The main objective of this study is to evaluate the scope, characteristics, and legal functions of international conventions in this regard. In fact, the general principles of these conventions are evaluated that and then their features, functions, weaknesses, and strengths will be described.

Highlights

Introduction

All measures taken by the International Maritime Organization (IMO), as a specialized agency responsible for regulating various maritime issues, are based on the UN Convention on the Law of the Sea. Article 235 of this convention deals with this issue and discusses the responsibilities and liabilities of governments. This Employing general terms and concepts to address liabilities for marine pollution, this article provides a framework for IMO to develop more specialized treaties. Accordingly, IMO is the main agency responsible for civil liability for pollution. Oil pollution is one of the most important problems caused by marine accidents that can greatly damage the environment.  Therefore, there is a need for legal mechanisms and regimes to compensate for damage and losses caused by oil pollution. The increased volume of oil trade and the number of ships carrying oil products has increased the risk of marine accidents causing environmental pollution. IMO has developed and published documents to emphasize the importance of this issue in order to institutionalize civil liability for offshore oil pollution. For example, the IMO council approved an action plan for the prevention of marine pollution in 1968. Later, the IMO General Assembly issued a resolution on November 28, 1968, to attract international attention to liability for oil pollution. In addition, the IMO Secretary-General was appointed to convene an international conference to ratify a convention on marine pollution. This international conference was held in November 1969 in Brussels and adopted the first special convention in this regard called the International Convention on Civil Liability for Oil Pollution Damage (CLC). This was among the first efforts made by IMO to develop a comprehensive legal system for compensation.

 

Methodology

This study employed legal description and content analysis based on legal rules and logic to collect and summarize the best views on ambiguities and the actual position of this subject.

 

Findings

The first issue raised after any marine accident causing oil pollution is the liabilities of the shipowner and how they should compensate for the damage and losses. According to the International Convention on Civil Liability for Oil Pollution Damage (CLC), the owners of oil tankers are responsible for adequate compensation for damage and losses caused by oil pollution. This is called the imposition of liability on shipowners, i.e. among all the persons who may be liable under the law, this convention imposes all the liabilities on a specific person. This principle prevents suing other persons in charge. Due to the opposition of some countries to the absolute liability of shipowners or inadequate compensation, the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage (FUND) was ratified in 1971 to be a complement to the above-mentioned convention.

 

Results

It can be generally stated that the 1971 and 1992 Fund conventions, along with the International Convention on Civil Liability for Oil Pollution Damage (CLC), have been successful and effective in compensating for oil pollution. These conventions have also imposed the sole liability in this regard on shipowners. In fact, if it is proven that the damage or losses are the results of the shipowner’s commission or omission, the liability will be imposed on the shipowner without the need for proving the shipowner’s negligence or imprudence. Moreover, the ratification of the 2003 protocols added to the adequacy of compensation. 

Keywords

Main Subjects

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