Marine Pollution Professor Harry Roque Public International Law Mangaban, Ma. Lourena M. 3-E

States are bound to prevent and control marine pollution from any source and are liable for damages caused by the violation of their international obligations to combat pollution. Mangaban

Outline Civil Liability Convention of 1969 Civil Liability Convention of 1969 International Fund Convention of 1971 International Fund Convention of Protocols 1984 Protocols 1992 Protocols 1992 Protocols TOVALOP TOVALOP CRISTAL CRISTAL Liabilities Liabilities Mangaban

EXXON incident In 1989, Exxon Corporation caused one of the worst environmental disasters. On March 24, the Exxon Valdez oil tanker ran aground, spilling 250,000 barrels (an amount equal to more than 10 million gallons) of oil into Alaska's Prince William Sound. Efforts to contain the spill were slow and Exxon's response was even slower. Mangaban

What is CLC? Civil Liability Convention (CLC) was adopted to ensure that adequate compensation is available to persons who suffer oil pollution damage resulting from maritime casualties involving oil-carrying ships. Civil Liability Convention (CLC) was adopted to ensure that adequate compensation is available to persons who suffer oil pollution damage resulting from maritime casualties involving oil-carrying ships. The Convention places the liability for such damage on the owner of the ship from which the polluting oil escaped or was discharged. The Convention places the liability for such damage on the owner of the ship from which the polluting oil escaped or was discharged. The Convention covers pollution damage resulting from spills of persistent oils suffered in the territory (including the territorial sea) of a State Party to the Convention. The Convention covers pollution damage resulting from spills of persistent oils suffered in the territory (including the territorial sea) of a State Party to the Convention. Mangaban

The Convention requires ships covered by it to maintain insurance or other financial security in sums equivalent to the owner's total liability for one incident. The Convention requires ships covered by it to maintain insurance or other financial security in sums equivalent to the owner's total liability for one incident. The Convention applies to all seagoing vessels actually carrying oil in bulk as cargo, but only ships carrying more than 2,000 tons of oil are required to maintain insurance in respect of oil pollution damage. The Convention applies to all seagoing vessels actually carrying oil in bulk as cargo, but only ships carrying more than 2,000 tons of oil are required to maintain insurance in respect of oil pollution damage. Mangaban

CLC limitations 1. Warships or other vessels owned or operated by a State and; 2. Used for government non-commercial service. Adoption: 29 November 1969 Entry into force: 19 June 1975 Mangaban

International Fund Convention of 1971 One of the two original components of the worldwide regime for compensating victims of oil pollution damage (the other: CLC 1969) One of the two original components of the worldwide regime for compensating victims of oil pollution damage (the other: CLC 1969) Compensation payable for an incident involving a spill of persistent oil from a tanker: 60m SDR (about US$76m) Compensation payable for an incident involving a spill of persistent oil from a tanker: 60m SDR (about US$76m) Amended by the 1992 Civil Liability Cenvention and the 1992 Fund Convention Amended by the 1992 Civil Liability Cenvention and the 1992 Fund Convention Mangaban

1969 Civil Liability and 1971 Fund Convention Established with the aim of ensuring prompt payment of compensation after an oil spill without the need for victims to prove any negligence. Established with the aim of ensuring prompt payment of compensation after an oil spill without the need for victims to prove any negligence. CLC imposes strict liability (liability without fault) CLC imposes strict liability (liability without fault) The Fund's purpose is to provide a supplementary compensation in cases where the amount payable by the shipowner or his insurer is insufficient to provide full compensation to the victims. The Fund's purpose is to provide a supplementary compensation in cases where the amount payable by the shipowner or his insurer is insufficient to provide full compensation to the victims. Mangaban

The Protocol of 1976 Adoption: 9 November 1976 Entry into force: 8 April 1981 The 1976 Protocol provided for a new unit of account, based on the Special Drawing Rights (SDR) as used by the International Monetary Fund (IMF). The 1976 Protocol provided for a new unit of account, based on the Special Drawing Rights (SDR) as used by the International Monetary Fund (IMF). Mangaban

The Protocol of 1984 Adoption: 25 May 1984 Entry into force: 12 months after being accepted by 10 States, including six with tanker fleets of at least 1 million gross tons. Status: Superseded by 1992 Protocol Increased limits of liability Increased limits of liability Contrary to the Oil Pollution Act of 1990 of The United States Contrary to the Oil Pollution Act of 1990 of The United States Mangaban

The Protocol of 1992 Adoption: 27 November 1992 Entry into force: 30 May 1996 Compensation limits are those originally agreed in 1984: For a ship not exceeding 5,000 gross tonnage, liability is limited to 3 million SDR (about US$3.8 million) For a ship not exceeding 5,000 gross tonnage, liability is limited to 3 million SDR (about US$3.8 million) For a ship 5,000 to 140,000 gross tonnage: liability is limited to 3 million SDR plus 420 SDR (about US$538) for each additional unit of tonnage For a ship 5,000 to 140,000 gross tonnage: liability is limited to 3 million SDR plus 420 SDR (about US$538) for each additional unit of tonnage For a ship over 140,000 gross tonnage: liability is limited to 59.7 million SDR (about US$76.5 million) For a ship over 140,000 gross tonnage: liability is limited to 59.7 million SDR (about US$76.5 million) Mangaban

The Protocol of 1992 Widened the scope to cover pollution damage caused in the exclusive economic zone (EEZ) or equivalent area of a State Party Widened the scope to cover pollution damage caused in the exclusive economic zone (EEZ) or equivalent area of a State Party Allowed expenses for preventive measure Allowed expenses for preventive measure Made applicable to both laden and unladen tankers, including spills of bunker oil from such ships Made applicable to both laden and unladen tankers, including spills of bunker oil from such ships Mangaban

The 2000 Amendments Adoption: 18 October 2000 Adoption: 18 October 2000 Entry in force: 1 November 2003 Entry in force: 1 November Amendments1992 Protocol For a ship not exceeding 5,000 gross tonnage, liability is limited to 4.51 million SDR (US$5.78 million) For a ship 5,000 to 140,000 gross tonnage: liability is limited to 4.51 million SDR (US$5.78 million) plus 631 SDR (US$807) for each additional gross tonne over 5,000 For a ship over 140,000 gross tonnage: liability is limited to million SDR (US$115 million) The limit 3 million SDR (US$3.8 million The limit was 3 million SDR (US$3.8 million) plus 420 SDR (US$537.6) for each additional gross tonne) The limit was 59.7 million SDR (US$76.5 million) Mangaban

Tanker Owners Voluntary Agreement Concerning Liability for Oil Pollution (TOVALOP) Also known as the “Standing Agreement” Also known as the “Standing Agreement” Purpose: To provide mitigation and compensation for damage by oil pollution from tankers Purpose: To provide mitigation and compensation for damage by oil pollution from tankers Took effect in 1969 Took effect in 1969 As 1987, ninety eight percent (98%) of the free world's tanker owners had become signatories to TOVALOP As 1987, ninety eight percent (98%) of the free world's tanker owners had become signatories to TOVALOP Mangaban

Tanker Owners Voluntary Agreement Concerning Liability for Oil Pollution (TOVALOP) Tanker owners are expected to: Tanker owners are expected to: Take preventive measures and/or Take preventive measures and/or Threat removal measures as our practicable under the circumstances Threat removal measures as our practicable under the circumstances “Preventive Measures” any reasonable measures taken after an incident had occurred to prevent or minimize pollution damage “Preventive Measures” any reasonable measures taken after an incident had occurred to prevent or minimize pollution damage “Threat Removal Measures” as any reasonable measures taken after an incident had occurred for the purposes if removing the threat of an escape or discharge of oil. “Threat Removal Measures” as any reasonable measures taken after an incident had occurred for the purposes if removing the threat of an escape or discharge of oil. Mangaban

Contract Regarding an Interim Supplement to Tanker Liability for Oil Pollution (CRISTAL) Also known as the “Supplemental Agreement” Also known as the “Supplemental Agreement” Purpose: designed to address oil pollution damage by supplementing TOVALOP Purpose: designed to address oil pollution damage by supplementing TOVALOP Parties: Various oil companies “engaged in the production, refining, marketing, storing, terminaling of oil or any one or more of whose affiliates are so engaged or receives oil in bulk for its own consumption or use.” Parties: Various oil companies “engaged in the production, refining, marketing, storing, terminaling of oil or any one or more of whose affiliates are so engaged or receives oil in bulk for its own consumption or use.” First took effect in 1971 First took effect in 1971 Mangaban

Defenses available to both TOVALOP and CRISTAL Exceptions to liability: Exceptions to liability: Where the damage occurs in a geographic area covered by the CLC Where the damage occurs in a geographic area covered by the CLC The damage is the result of an act of war, hostilities, civil war, insurrection or a natural phenomenon of an exceptional, inevitable and irresistible character The damage is the result of an act of war, hostilities, civil war, insurrection or a natural phenomenon of an exceptional, inevitable and irresistible character Wholly caused by an act or omission of a third party done with the intent to cause damage Wholly caused by an act or omission of a third party done with the intent to cause damage Wholly caused by the negligence or other wrongful act of an Government or other authority responsible for the maintenance of lights or other navigational aids in the exercise of that function. Wholly caused by the negligence or other wrongful act of an Government or other authority responsible for the maintenance of lights or other navigational aids in the exercise of that function. Mangaban

Compensation Scheme TOVALOPCRISTAL $ per ton, with a maximum amount of compensation available of $16.8 million for a vessel of 105,000 gross tons $ per ton, with a maximum amount of compensation available of $16.8 million for a vessel of 105,000 gross tons The aggregate compensation available under CRISTAL, after the minimum payouts were met, was 32 million SDR's (or $40.32 million) for a tanker of 5,000 tons or less For a tanker in excess of 5,000 tons, 652 SDR's (or $819.00) for each ton in excess of 5,000, up to a maximum of 120 million SDR's (or $151.2 million) limit 3 million SDR (US$3.8 million Mangaban

LIABILITY under the CLC Liability imposed on the shipowner Liability imposed on the shipowner Exempting circumstances: Exempting circumstances: Resulted from an act of war, hostilities, civil war, insurrection or a natural phenomenon or an exceptional, inevitable and irresistible character Resulted from an act of war, hostilities, civil war, insurrection or a natural phenomenon or an exceptional, inevitable and irresistible character Was wholly caused by an act or omission done with intent to cause damage to third party Was wholly caused by an act or omission done with intent to cause damage to third party Was wholly cause by the negligence or other wrongful act of any Government or other authority responsible for the maintenance or lights are other navigational aids in the exercise of that function Was wholly cause by the negligence or other wrongful act of any Government or other authority responsible for the maintenance or lights are other navigational aids in the exercise of that function Mangaban

LIABILITY under CLC Action must be brought within three years from date of occurrence of damage or 3 years from the date of first occurrence if damage results from a series of occurrences. Action must be brought within three years from date of occurrence of damage or 3 years from the date of first occurrence if damage results from a series of occurrences. *** *** Mangaban