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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 4: Jurisdiction 123

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123 Chapter 4: Jurisdiction One of the most important characteristic aspects of any legal instrument, whether national or international, is the provision dealing with jurisdiction laid down by the respective instrument. Many authors tend to address this aspect at the latter end of a discussion, but the practical implementation of any law proves it to be an important part of the whole document. Although, the actual adherence to an inter- national legal regime depends on the administrative aspect, the smooth existence is deeply rooted on adjudication. The judicial view not only attracts the attention and conduct of such a regime, but it also considered to be one of the most critical decider of the well being of a designed legal order. The role of the judiciary being dispute resolution and law making to a certain extent by way of case law or ‘judge made law’, its pioneering piece of work has well been respected in both civil and common law jurisdictions. It would be true to say that; liability is regulated by means of legislative instruments, irrespective of being national or international in character, but the judiciary imposes liability upon adjudication. Therefore, the ascertainment of such liability is wholly dependent on the decisions of the courts. Having said that, it would be more appropriate and prudent to address the juris- diction aspect of the Bunkers Convention,530 before attending to the liability issue in a much detailed way. On the other hand, the exact aim of this entire discussion is...

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