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Civil Liability for Bunker Oil Pollution Damage

Series:

Malika Gunasekera

This book deals with the liability conventions brought into existence by the International Maritime Organization and concentrates on the newly adopted instrument dealing with bunker oil pollution as an area of great concern for every stakeholder involved in shipping business. The work covers a wide spectrum ranging from the Convention itself to its scope of application, liable and aggrieved parties, jurisdiction, requirements of liability and admissibility of claims, defences and exoneration from liability. It addresses many areas of interest and of importance to international and national legal advisors, lawyers, law students and anyone interested in the relevant field such as shipowners, charterers, shipbrokers, ship personnel and associated contractors and sub-contractors.

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Chapter 2: Scope of Application 59

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59 Chapter 2: Scope of Application The foremost and most vital issue that need to be addressed formally in a di- scussion relating to a convention or its implication in a given situation rests with the scope of application of the particular subject. As far as legal instruments are concerned, scope of application plays an important role in all spheres with respect to enforcement of laws, administration of justice and adjudication, in both domes- tic and international legislations. Its role in international maritime legislations pertaining to liability and compensation is no exception, but in fact forms highly sensitive issues. Proper functioning of such instrument greatly depends on its scope of application, and its veins run through the whole regime touching most of the important sections that govern its successful implementation. The scope of application is multi faceted, inter-dependant and involves most vital aspects of the instrument. With regard to the present work in dealing with the Bunkers Convention, the next juncture would be to analyze its scope of application for the purposes of realizing the application, implementation and desired objectives under the Convention. (a) Geographical Scope: jurisdiction ratione loci Article 2 of the Convention, which is originally based on Article II of the CLC ’92 and follows its same pattern, expressly declares that; “This Convention shall apply exclusively: (a) to pollution damage caused: (i) in the territory, including the territorial sea, of a State Party; and (ii) in the exclusive economic zone of a State Party, established in accordance with...

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