ABSTRACT
The United Nations Convention on the Law of the Sea (UNCLOS), in its Article 235, requires States to ensure that recourse is available in accordance with their legal systems for prompt and adequate compensation in respect of damage caused by marine environment pollution. The authors inquire whether the liability system for compensation of oil pollution damage from ships, as regulated under international law, fulfils the aim of Article 235 of the UNCLOS. To this end, authors analyse two fundamental elements of the oil pollution liability system adopted under the international conventions: the concept of pollution damage and channeling of liability, in light of recent national judgments of Spanish and French courts following the Erika and Prestige accidents. Authors conclude that contemporary demands of environmental protection lead signatory countries to disregard the application of international legal instruments, posing a challenge to their consistent application and uniform interpretation.
