A study of compulsory insurance for civil liability for oil pollution damage caused by ships: what are the rules for small ships that have no formal obligations under the convention?. Issue 2 (3rd April 2021)

• Record Type: Journal Article
• Authors: Van Tan, Pham
• Is Part Of: Australian journal of maritime and ocean affairs. Volume 13:Issue 2(2021)
• Page Start: 113
• Page End: 121
• Publication Date: 2021-04-03
• Subjects: Ship's oil pollution -- civil liability -- international laws -- compulsory insurance for oil pollution damage; Maritime law -- Australia -- Periodicals; Maritime law -- Indo-Pacific Region -- Periodicals; Law of the sea -- Australasia -- Periodicals; Law of the sea -- Indo-Pacific Region -- Periodicals; Shipping -- Australia -- Periodicals; Shipping -- Indo-Pacific Region -- Periodicals; Maritime law -- Periodicals; Shipping -- Periodicals; Periodicals; 341.45
• DOI: 10.1080/18366503.2020.1834064
• Languages: English
• ISSNs: 1836-6503

Abstract

ABSTRACT: The nature of compulsory insurance for civil liability for oil pollution damage is to ensure that the persons who have suffered loss from oil pollution will be compensated. It always guarantees the availability of indemnification to the victim of oil pollution. Under current international law, tankers of less than 2000 tonnes have no obligation under the International Convention to obtain financial insurance for oil pollution. However, even spills from small tankers could cause significant damage to the environment in a sensitive location. Aware of the problem, some State parties have taken unilateral action through national law to regulate even smaller tankers for the purposes of liability and compensation for oil pollution damage. Within the scope of this article, the author will analyze provisions for compulsory insurance for civil liability for oil pollution damage for small ships that have no obligation under the international convention.