Compulsory Insurance and Compensation for Bunker Oil Pollution Damage

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Springer Science & Business Media, Mar 20, 2007 - Law - 242 pages

Oil tankers are not the only vessels that have caused oil pollution at sea. Numerous spills in the past have been of heavy fuel oil from non-tankers. However, the international liability and compensation regime covered only oil pollution damage caused by oil tankers. There was thus a need to bring the law on marine oil pollution responsive to oil pollution damage caused by non-tankers. In March 2001, the International Convention on Civil Liability for Bunker Oil Pollution Damage was adopted following a diplomatic conference at the International Maritime Organization. Though this convention has not yet come into force, its various aspects should already be considered as they will surely affect the maritime industry as a whole and the non-tanker sector, in particular. This book provides a timely and comprehensive study on the concept of compulsory insurance, its main purpose of ensuring compensation and its interrelations with other features such as the rule of strict liability and the limitation of liability under the convention.

 

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Contents

Pollution from Ships Bunkers and the Advent of the Bunkers Convention
7
The Birth of Compulsory Insurance for Oil Pollution Liability
49
Strict Liability and Insurance
81
Insurance and the Quest for Adequate Compensation
110
Limitation of Liability and the Limit of Insurance
145
Direct Action against the Insurer and its Limited Effect
171
Outlook on Insurance and Compensation for BunkerOil Pollution Liability
199
Summary of Study
208
Literature
215
Documents
223
Text of the Bunkers Convention
227
Index
238
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