Ship source pollution – Oil and hazardous and noxious substances

Abstract

The liability rests on the registered owner of the ship from which the oil originated. Shipowners have strict liability for pollution damage and are obliged to cover their liability by insurance. To that end, those delegations stated that the Director should be instructed to examine the existing admissibility criteria in respect of preventive measures and to submit to the Assembly detailed proposals for clarifying the criteria within the framework of the existing Conventions. The Convention aims to ensure adequate, prompt and effective compensation for damage to persons and property, costs of clean-up and reinstatement measures and economic losses caused by the maritime transport of hazardous and noxious substances. Pollution damage caused by persistent oil is excluded since such damage is already covered by the existing regime on liability and compensation for oil pollution from tankers, i.e. the 1992 Civil Liability Convention, the 1992 Fund Convention and the Supplementary Fund Protocol.