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Civil Liability for Bunker Oil Pollution Damage


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 5: Requirements of Liability and Admissibility of Claims 149


149 Chapter 5: Requirements of Liability and Admissibility of Claims The success of an action for liability and compensation will truly depend on the fulfillment of requirements laid down under the particular law that establish the relevant legal regime. The foregoing chapter focuses on this aspect that generates highly controversial issues pertaining to different systems of law and respective requirements for liability in such different jurisdictions. The success of an inter- national regime such as the Bunkers Convention would truly depend on common adherence of States Parties in applying unified rules647 on the subject. Satisfaction and fulfillment of these aspects would certainly promote, enhance and guarantee the effectiveness of the regime, which is the primary goal of the Convention. The final outcome of the Convention has appeared to have covered most of the conceptual requirements of strict liability that are visible in most if not all similar regimes. Article 3 extensively deals with the liability aspect of the shipowner as discussed previously in Chapter 4 together with the defences that are normally accorded under the rule of strict liability648. Limitation of liability is dealt in Ar- ticle 6 in coping with conventional goals of reducing the burden based on certain accepted criterion, and which will be discussed later in Chapter 7.649 Article 7 which deals with compulsory insurance and financial security plays an important role in supplementing the financial risk factor of the shipowner which is based on strict liability, but will not be discussed in essence in this piece...

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