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, adopted in November 1969, is a comprehensive international legal framework designed to address the liabilities that may arise from accidental oil pollution damage due to the discharge, escape, or release of oil from vessels, offshore installations, and other sources of pollution. The scope of the Convention is wide reaching, governing the liabilities of ship-owners and other responsible persons with respect to “any damage caused outside the ship as a result of contamination by oil or a combination of oil and any other substance”. The Convention applies to any incident which involves the escape, discharge, or release of oil, including those occurring upon the high seas or within the territorial waters of any State or on board a ship flying the flag of any State. The Convention also applies where damage is caused in the exclusive economic zone of a State by oil originating in the territorial sea of another State. As such, the Convention applies to any incident of oil pollution, regardless of where the damage occurs. The Convention also governs the rights and obligations of those involved in incidents of oil pollution damage. Ship-owners are liable for pollution damage, as are any persons responsible for the release of oil from an offshore installation or other source of pollution. The Convention sets out the legal procedures that must be followed in seeking compensation for pollution damage, as well as establishing the procedure for the assessment of damages and the determination of applicable compensation. It also establishes the right of the injured parties to take legal action against the ship-owner or other responsible persons in pursuit of compensation for pollution damage.

What is the scope of the International Convention on Civil Liability for Oil Pollution Damage?

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