ABSTRACT

This chapter shows that adequate compensation is available to persons who suffer pollution damage caused by spills of persistent oil from laden tankers. It discusses international rules and procedures for determining questions of liability and for providing adequate compensation in such cases. Pollution damage caused on the territory, including the territorial sea of States Parties. The 1969 Convention on Civil Liability (CLC) covers pollution damage suffered in the territory of a State Party to the 1969 CLC. The owner of a tanker has strict liability for pollution damage caused by persistent oil spilled from a laden tanker as a result of an incident. Claims for pollution damage can be made only against the registered owner of the tanker concerned. Pollution damage caused by spills of persistent oil from unladen tankers is covered under the 1992 Protocol provided that there was a grave and imminent threat of pollution damage.