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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 7: Limitation of Liability 227


227 Capter 7: Limitation of Liability Since the introduction of strict liability in maritime legislations at both domestic and international levels, legislators have opted for implementing limitation regi- mes977 separating the concept from the doctrine of absolute liability978 and affor- ding the liable parties, the concessions of limited liability with a defined extent. There are many reasons for justification of this idea that can be outlined dating since the adoption of classical rules on liability. Especially in the field of mari- time law, there were divulging propositions based on many aspects which have been addressed by law-makers ranging from the idea of protecting private mari- time interests, insurance concerns to reasonableness of remedies. But however, limitation of liability is neither a bar to fair justice nor a sword for the shipowner. Lord Denning once described his attitude in the case of Bramley Moore979 that, “limitation of liability is not a matter of justice. It is a rule of public policy which has its origin in history and its justification”. Classical Approaches The most difficult issue in solving limitation figures and adopting a certain for- mula for such calculation became the central point on which many States in the past paid much attention. The most classical doctrine that was developed based the limits on the value of the ship after casualty, upon which the question of limitation of liability actually arose. Based on this aspect, States adopted their 977 For detail discussion see A. Rein, International Variations on Concepts of Limita-...

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