Compensation for pollution damage caused by oil tanker accidents: from “Erika” to “Prestige”

Abstract

The international legal regime for compensation of oil pollution damage works quite efficiently in case of minor oil spills provoked by tankers. However, the accidents of “Erika” and “Prestige” disclose the serious implementation gaps affecting the international civil liability regime when applied to major marine casualties producing extensive pollution damage. In such cases, the ceilings for compensation are manifestly too low and most of the pollution damage provoked is not remedied, especially damage to the environment per se. Recent developments by national and European Courts relating to the “Erika” accident have made progress towards a more comprehensive compensation of pollution damage. But, in the case of “Prestige”, the United States Courts have taken a more conservative stand with respect to actions brought by Spain against the Classification Society American Bureau of Shipping.