Izvorni znanstveni članak
Oil Pollution Act (1990) ; P and I Associations
Ljerka Mintas Hodak
Sažetak
The article elaborates in detail most of the provisions of the new US Oil Pollution Act (1990) pointing out the differences between the new American legal regime of liability for oil pollution damages and the old one. The author also compares some most important provisions of the Oil Pollution Act with the internationally unified legal regime on that subject embodied in the CLC (1969), Fund Convention (1971) and the relevant Protocols from 1974 and 1984. She associates herself to those pointing out that the regime introduced by the OPA makes limitation of liability mechanism very easy to break and those opens the door for wide implementation of unlimited liability not only of shipowner himself but also of wide scope of other persons connected with the vessel concerned.
Furthermore the author stresses the impact of the new Oil Pollution Act (1990) on liability insurance as obtainable by London groups of P and I clubs and main reasons for implementation of the additional insurance for tanker owners.
In addition to the negative impact of the OPA on the liability cover by P and I insurance, the author indicates some points on which the new American legal regime on liability for oil pollution can negatively affect even the availability of financing on the world financial market. She concludes with an assumption that many of financiers will tend to protect themselves against the increased risk of liability for oil pollution by including such ''risk factor'' in the price of the credit for acquisition of the relevant vessel.
Ključne riječi
Oil Pollution Act (OPA); oil pollution of the sea; American law; P and I clubs; shipowner's liability; acquisition of vessel (ship); liability insurance;
Hrčak ID:
209896
URI
Datum izdavanja:
28.3.1991.
Posjeta: 1.049 *