ABSTRACT

This chapter provides for a compensation system, supplementing that of the International Convention on Civil Liability for Oil Pollution Damage 1969 in order to ensure full compensation to victims of oil pollution damage caused by persistent oil spilled from laden tankers. The necessary co-ordination with the operation of the 1971 and 1992 Fund Conventions is ensured by the 1971 and 1992 Funds. The chapter aims to distribute the economic burden between the shipping industry and oil cargo interests. Pollution damage caused on the territory, including the territorial sea, of States Parties. The 1992 Protocol extended the scope to cover the exclusive economic zone of States Parties. Pollution damage caused by spills of persistent oil from unladen tankers is covered under the 1992 Protocol, and expenses incurred for preventive measures are recoverable even when no spill of oil occurs, provided that there was a grave and imminent threat of pollution damage.