Pregledni rad
The 2003 Supplementary Fund Protocol: An important improvement to the international compensations system for oil pollution damage
Marko Pavliha
; Faculty of maritime studies and transport, Portorož
Mitja Grbec
Sažetak
The aim of this paper is to discuss new developments in the field of liability and compensation for oil pollution damage and to show the benefits of accession by Adriatic States to the 2003 Supplementary Fund Protocol. The international compensation system for oil pollution damage, which has been to a certain extent modelled on similar rules for nuclear damage has been working quite well for the last forty years and is one of the most successful compensation schemes in existence. This paper emphasizes the fact that only membership to all three tiers of compensation (governed by the CLC 1992, Fund 1992 and the 2003 Supplementary Fund Protocol) can ensure full financial protection to victims of oil pollution and that the accession of the Republic of Slovenia and the Republic of Croatia to the 2003 Supplementary Fund has been an important step with this regard. The lacunae of the system are that the various international conventions currently in force, do not cover spills of bunker oil (with certain exceptions with regard tankers), nor hazardous and noxious substances. It is proposed therefore that the Adriatic States play an important role in the promotion of the Bunker and HNS Convention which are not yet in force. It is also proposed that questions of civil liability should be left separate from questions of criminal liability and that the reopening of the CLC Convention is not advisable at this stage.
Ključne riječi
liability and compensation for oil pollution damage; 2003 Supplementary Fund Protocol; maritime law convention, protection of maritime environment
Hrčak ID:
20414
URI
Datum izdavanja:
18.1.2008.
Posjeta: 1.894 *