What is the scope of the International Convention on Civil Liability for Oil Pollution Damage?
The International Convention on Civil Liability for Oil Pollution Damage was adopted by the International Maritime Organization (IMO) in 1992 and entered into effect in 1996. It is applicable to all countries that are members of the IMO and applies to the prevention and liability for damage caused by oil pollution. The Convention establishes legal responsibility for oil spills in waters beyond the jurisdiction of any one state, as well as for certain incidents occurring on the high seas. The scope of the International Convention on Civil Liability for Oil Pollution Damage is quite broad. Generally, the Convention covers any damages caused by oil pollution to coastal states or other countries, including natural resources, costs of preventative measures, and costs of clean-up. In particular, the Convention covers such areas as the responsibility for payment of compensation, the right of a state to take civil action, and the procedures for determining liability. The Convention also establishes a coastal state’s rights to claim compensation from the polluter for loss or damage occurring within its territory or territorial seas. In addition, it provides for a system of liability insurance which operators of offshore installations must have in order to ensure payment of compensation. In terms of Florida, the Convention is applicable, so if an oil spill were to occur in the state’s waters, the responsible parties would be subject to liability under the Convention and could face substantial fines, cleanup costs, and damages. The IMO is also actively working to ensure that all countries are in compliance with the Convention.
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