Administrative Law

Download Compulsory Insurance and Compensation for Bunker Oil by Ling Zhu PDF

By Ling Zhu

Oil tankers aren't the one vessels that experience brought on oil pollutants at sea. a variety of spills some time past were of heavy gasoline oil from non-tankers. despite the fact that, the foreign legal responsibility and repayment regime lined in basic terms oil pollutants harm as a result of oil tankers. there has been hence a necessity to convey the legislation on marine oil toxins attentive to oil pollutants harm brought on by non-tankers. In March 2001, the foreign conference on Civil legal responsibility for Bunker Oil toxins harm was once followed following a diplomatic convention on the foreign Maritime association. even though this conference has now not but come into strength, its quite a few points may still already be regarded as they'll absolutely have an effect on the maritime as an entire and the non-tanker zone, particularly. This publication offers a well timed and complete research at the notion of obligatory assurance, its major objective of making sure reimbursement and its interrelations with different positive aspects akin to the rule of thumb of strict legal responsibility and the hassle of legal responsibility below the convention.

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Extra resources for Compulsory Insurance and Compensation for Bunker Oil Pollution Damage

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White, ‘Factors Affecting the Cost of Oil Spills’, available at: (visited 31 March 2005). ’ 2 Marine Pollution Bulletin, Issue 9, September 1971, pp. 129-130, at 130. IMO Legal Committee: LEG 75/5/1. topic_id=67&doc_id=457> (visited 23 September 2003). See also DelaRue Colin M. , supra, note 16, p. 263: “although only oil tankers can cause very large spills, oil tankers B. 46 For example, among the 12 largest oil spills in Australia, 47 the government’s response costs for oil tanker spills averaged US$115,000, while response costs for spills from non-tankers (generally heavy fuel oils) averaged over five times greater at US$625,000.

National legislation and the background work on the Bunkers Convention The purpose of the Bunkers Convention, like any other international civil liability conventions, is to provide a set of rules that will be applied uniformly in all contracting States to the Convention. As the title of this section shows, the status of national legislation before the adoption of the Bunkers Convention will be 25 26 27 In the 1992 Fund Convention, Art. 2(3): “Ship”, “Person”, “Owner”, “Oil”, “Pollution Damage”, “Preventive Measures”, “Incident”, and “Organization” have the same meaning as in Article 1 of the 1992 Liability Convention.

Chapter 1: The Advent of the Bunkers Convention “Oil” The Bunkers Convention will not be applicable unless the vessel concerned is carrying bunker oil and the latter caused pollution damage. ”60 The definition of “oil” denotes the presence of the following three elements: (i) any hydrocarbon mineral oil, including lubricating oil; (ii) the oil falling within (i) is used or intended to be used for the operation or propulsion of the ship; (iii) any residues of such oil. One may notice that it does not contain the word “persistent” in the definition, while “persistent” is present in the “oil” definition of the 1969 CLC and its 1992 Protocol.

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