Abstract
The International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001 (the Bunkers Convention) was adopted by the International Maritime Organization (IMO) in March 2001. The aim of the Bunkers Convention is to ensure the availability of adequate, prompt and effective compensation to persons who suffer pollution damage caused by oil spills when the oil is carried as fuel in ships’ bunkers.1
The Bunkers Convention states in its preamble: “Considering that complementary measures are necessary to ensure the payment of adequate, prompt and effective compensation for damage caused by pollution resulting from the escape or discharge of bunker oil from ships.”
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References
The information is available at <http://www.imo.org/Newsroom/contents.asp?topic_id=67&doc_id=457>. See also DelaRue/Anderson, Shipping and the Environment (1998) 263: “...although only oil tankers can cause very large spills, oil tankers are not the only ships carrying pollutants. Many bulk carriers and container ships carry bunker fuel of 10,000 tons or more, and there are large quantities than many of the world’s tankers carry as cargo”.
Grime, Implementation of the 1976 limitation convention — liability for maritime claims: (1998) Marine Policy, 306, 308.
Tsimplis, The Bunker Pollution Convention 2001 — Completing and harmonizing the liability regime for oil pollution from ship?: (2005) LMCLQ 83, 83: “Thus, in States Parties where no general limitation of liability is available to the shipowner, the strict liability established by the Convention and the required compulsory insurance would, presumably, have to be unlimited”.
Rosag, Compulsory marine insurance, originally published in: Scandinavian Institute of Maritime Law Yearbook 2000, available onlin e at <http://folk.uio.no/erikro/WWW/corrgr/insurance/simply.pdf>: “...each vessel needs a paper certificate on board, which must be renewed regularly. Each renewal involves the P&I club, that issues a so-called blue card, the governments, that issue or authorize the certificate and scrutinize the insurer, and finally a logistics problem in getting the certiicate on board the vessel in time”.
Bennett, Mutual risk — P&I insurance clubs and maritime safety and environmental performance: 25 (2005) Marine Policy, 13, 14.
Hazelwood, P&I Clubs Law and Practice (2000) 121, footnote omitted.
Hazelwood (Note 31 supra) 385.
The information is from <http://www.ukpandi.com/ukpandi/Infopool.nsf/HTML/E8EBE7157D236C5080256DB30055E4BD?Open&Highlight=2,oil%20pollution,%202000%20policy%20year>. Before the policy year 2000, the limit offered by P&I Clubs in the International Group was US $500 million for each occurrence for each vessel in the case of oil pollution; for charterers’ insurance, it was US $300 million. P&I Clubs also made available to shipowners another US $200 million in oil pollution coverage from the commercial market. This limitation was a corresponding reflection of the market capacity for reinsurance. See Hill/Robertson/Hazelwood, Introduction to P&I (1996) 50. Hazelwood (Note 31 supra) 227; and Gauci, Oil Pollution at Sea — Civil Liability and Compensation for Damage (1997) 220.
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Zhu, L. (2007). International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001 — Liability and Insurance Aspects. In: Basedow, J., Magnus, U. (eds) Pollution of the Sea — Prevention and Compensation. Hamburg Studies on Maritime Affairs, vol 10. Springer, Berlin, Heidelberg. https://doi.org/10.1007/978-3-540-73396-6_13
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DOI: https://doi.org/10.1007/978-3-540-73396-6_13
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