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| History |
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| Contract of carriage /charterparty |
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| International conventions |
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| International Codes |
TheInternational Convention on Civil Liability for Oil Pollution Damage, 1969, renewed in 1992 and often referred to as theCLC Convention, is an international maritime treaty admistered by theInternational Maritime Organization that was adopted to ensure that adequate compensation would be available where oil pollution damage was caused by maritime casualties involvingoil tankers (i.e. ships that carry oil as cargo).[1]
The convention introducesstrict liability for shipowners.[2]
In cases when the shipowner is deemed guilty of fault for an instance of oil pollution, the convention does not cap liability.
When the shipowner is not at fault, the convention caps liability at between 3 millionspecial drawing rights (SDR) for a ship of 5,000 GT to 59.7 million SDR for ships over 140,000 GT.
The 2000 Amendments
Adoption: 18 October 2000
Entry into force: 1 November 2003
The amendments raised the compensation limits by 50 percent compared to the limits set in the 1992 Protocol, as follows: 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 plus 631 SDR for each additional gross tonne over 5,000For a ship over 140,000 gross tonnage: liability is limited to 89.77 million SDR
TheHNS Convention to compensation for damages occurring from spill ofdangerous goods is based on the same legal framework.[3]
If a ship carries more than 2000 tons of oil in cargo, CLC requires shipowners to maintain "insurance or other financial security" sufficient to cover the maximum liability for one oil spill[1]
As of September 2016, 136 states, representing 97.5 per cent of the world fleet, are contracting parties to theCLC Protocol of 1992, which amends the original CLC Convention.[4]Bolivia,North Korea,Honduras, andLebanon—which are generallyflag of convenience states—have not ratified the treaty.[5]
TheUnited States of America is not a signatory to CLC, despite considerable involvement in its formulation. This is due to significant nation legislation such as theOil Pollution Act, 1990, so signing the CLC was deemed unnecessary.[6]
[p20:] in some cases, substantial compensation may be available under applicable national law, as for instance in the case of the United States Oil Pollution Act 1990 (OPA 1990). [and p23:] [Non-signatories] includes notably the United States, where, however, strong national legislation to provide for liability and compensation has been enacted.