Shifts in Governance in the International Regime of Marine Oil Pollution Compensation: A Legal History Perspective

Abstract

The legal regime with respect to the civil liability for marine oil pollution at the international level was originally established through two international conventions, being the International Convention on Civil Liability for Oil Pollution Damage 1969 (the 1969 CLC) and the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage 1971 (the Fund Convention 1971). These two conventions have established some principles of the international oil pollution compensation regime which have basically remained unchanged through history. These mainly include the strict liability of the shipowner up to a certain limit and the compulsory insurance and channelling of liability to the registered shipowner. These conventions have been modified several times — in 1984, 1992 and 2000 — following the occurrence of some major oil spill incidents. As a result, the scope of compensation was expanded and the limitation of liability was increased. Most recently in 2003, a Supplementary Fund Protocol was adopted and a Supplementary Fund was established.