Original scientific paper

Oil pollution damage - extent and compensation

Maja Seršić ; Pravni fakultet Sveučilišta u Zagrebu, Zagreb, Hrvatska

Abstract

Compensation of pollution damage caused by escape or discharge of oil from ships poses some specific problems. The loose definition of pollution damage in the 1969 International Convention on Civil Liability for Oil Pollution Damage does not give any guidance in this respect. Thus, national courts are left to interpret its provisions according to their national rules. This leads to inconsistent national courts practice. The definition of pollution damage in the Protocol of 1984, taken over in the Protocol of 1992 to the 1969 Convention clarifies to considerable extent (although not entirely) the position under the 1969 Convention, but the 1992 Protocol is not yet in force.
In order to contribute to uniform court practice pending the entry into force the 1992 Protocol as well its enter into force afterwards, the International Maritime Committee (CMI) has elaborated Draft Guidelines on Admissibility and Assessment of Claims for Oil Pollution Damage, which have been adopted at the 1994 CMI Conference in Sidney.
The author analyses the existing national court practice, both of states parties to the 1969 Convention and of non-parties to that convention, concerning admissibility and assessment of different types of oil pollution damage (pure economic loss, ecological damage, costs of clean-up measures). She also points out the recent developments as to national legislation on compensation of oil pollution damage and analyses the CMI Draft Guidelines.
In conclusion she stresses the importance of uniform national court practice in states parties to the 1969 Convention and the 1971 Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, pointing out the possible detrimental effect of inconsistent national courts practice and unilateral legislation of states parties on the functioning of these conventions. It is precisely in the light of this possible negative impact that the role of CMI Draft Guidelines should be seen and supported.
As to ecological damage she underlines that the limitation to reasonable cost of restoration which is presently necessary in the framework of the 1969/1971 Conventions system, must not preclude efforts aimed at entire reinstatement of the polluted marine environment, which could be financed outside the 1969/1971 Conventions system, possibly on the basis of separate compensation funds established at national levels.

Keywords

oil pollution damage; national court practice; ecological damage; CMI Draft Guidelines; International Maritime Committee (CMI);

Hrčak ID:

203175

URI

https://hrcak.srce.hr/203175

Publication date:

22.12.1994.

Article data in other languages: croatian

Visits: 1.142 *