A Future Liability Convention in the Offshore Sector – Could it be Inspired by the Tanker Oil Spill Regime?

This chapter focuses on the substantive provisions of the treaties forming the Civil Liability Convention/Fund regime. Issues relating to liability and compensation for pollution damage resulting from various types of shipping incidents are governed by several global international conventions adopted under the auspices of the International Maritime Organization. The most important of these regimes is that relating to tanker oil spills. There is, however, no international convention governing liability for pollution damage in the offshore sector. The Committee encouraged Member States and observer delegations to take the guidance into consideration when negotiating bilateral/regional arrangements or agreements connected with transboundary pollution damage from offshore exploration and exploitation activities. An alternative way of dealing with liability issues in the offshore sector is the Offshore Pollution Liability Agreement, concluded in 1974 and amended from time to time. Under the Norwegian Petroleum Act, the licensee of an installation is strictly liable without any limit for oil pollution from offshore activities.