The 2001 Bunker Convention: Needs for Completing Civil Liability Regime for Oil Pollution Damage Caused by Ships

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Van Tan Pham
Van Thuan Pham
Linh Dinh Thi My

Abstract

So far, the CLC isn’t the most effective liability and compensation for oil pollution damage in the world. It should be acknowledged that there are still weaknesses in the CLC, and other liability mechanisms have been developed to cover those gaps. The 2001 Bunker Convention is one influential Convention. Although most of the catastrophic oil spills seem to have been caused by large tankers, one of the first sources of oil pollution at sea is bunker oil to operate ships. Bunker oil means any hydrocarbon mineral oil, including lubricating oil, used or intended to be used for the operation or propulsion of the ship, and any residues of such oil. (Article 1(5) of 2001 Bunker convention) , so it presents the risk of causing pollution damage, which even more difficult and expensive to clean than a tanker spill. However, the bunker oil isn’t covered by the CLC; therefore, 2001 Bunker Convention was born to fill it. Within the article’s framework, the authors will analyze and evaluate the significance of 2001 Bunker Convention for damages caused by oil pollution from ships.

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