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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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Conclusion 269

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269 Conclusion The International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001, was a creation to fulfill the objectives of filling the gap that existed in the entire field of marine oil pollution liability and compensation.1156 Evidently, the preamble to the said Convention expressly declares such objectives as a matter of imposing liability on the shipowner with the view of compensating the victims in a manner associated1157 with the norms of natural justice. Imposing such liability alone would not suffice the attainment of the intended end results that need to be coupled with several important elements. Therefore, a truly effective application and enforcement is highly relevant.1158 Certainly, this end is highly dependant on matters of proper effectual drafting and the force of law which it imposes1159. Throughout the entire discussion based on liability issues arising out of this Con- vention, the author emphasized important elements outlining its effectual opera- tion as a liability regime intended to provide compensation to possible victims. Although, there exists of several shortcomings1160 in this regime as whole, it can be recognized as a successful draft. Nevertheless, such shortcomings are nume- rous, and indeed subject to criticism, but however, it would be intelligent to draw 1156 See L. de la Fayette, Achievements in 2001, Environmental Policy and Law, vol. 32, no. 3–4, 2002 1157 See supra p 30 1158 See E. Louka, International Environmental Law: Fairness, Effectiveness and World Order, Cambridge, 2006, p 465 1159 See for example, the discussion paper No. CB...

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