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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 3: Status Quo – Liable and Aggrieved Parties 89

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89 Chapter 3: Status Quo – Liable Agrieved Parties This Chapter focuses on the broad issue of the liable party to whom liability should be attributed in terms of the Bunkers Convention, and the potential vic- tims who would ultimately fall into grievances upon an incident of pollution da- mage caused due to oil spills from ships. The question of determining the “liable party” in particular has gained enormous attention throughout the development of this area of the law, dating back to the era of CLC 69.374 It has not only gathered high controversies during all such law making processes, but also being one of the most sensitive issues which needed careful consideration and drafting. The development of the law in general has posed severe questions that need positive solutions, especially with regard to the identification of the exact party so liable, in overcoming poor situations of drafting. Therefore, much of the attention was paid during the drafting of the Bunkers Convention in addressing this issue as a whole with the view of overcoming such shortfalls. Attribution of liability to the person so liable for the wrong doing, being the key issue in any litigation, received tremendous backup from the participated delegations in arriving at a workable and acceptable solution. Personal Scope of Application: jurisdiction ratione personae The Liable Party The issue of the liable party gains the central point of importance in any legal proceeding of this nature. In international maritime jurisdiction for liability and compensation it plays an important...

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