ABSTRACT

The crucial issue dealt with by most of the legal opinions and memos submitted to state courts was about the relationship between international law and national legislation on the matter. Concerning damages liability, the court concluded that all claims fell within the scope of application of the Civil Liability Convention (CLC) Convention, including clean-up costs, consequential economic losses resulting from pollution, prejudice moral, and even pure ecological losses. From the perspective of international law, the determination of the applicability of the CLC is a crucial question. Notwithstanding the interesting nature of these views, the opinions could be criticised on the basis that they were interpreting an international convention according to the national methods of interpretation, without respecting the hierarchy of methods established in international law. Naturally, the classification societies do not act under the direct authority of the master of the vessel.