What is the scope of the Protocol of 2003 to the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage?
The Protocol of 2003 to the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage—also known as the Supplementary Fund—provides a system for compensating victims of oil pollution in coastal states. The scope of this Protocol is large and provides a broad framework for establishing a system of compensation for those who suffer harm due to oil pollution in coastal states that have ratified the Protocol. Specifically, the Protocol sets out standards for determining the extent of liability and how compensation for any resulting damage should be distributed. The Protocol clarifies the rules and procedures, such as those for the assessment of compensation for economic loss, for remedial measures, and the procedures for filing claims. It also sets out the ways in which the Supplementary Fund is to be established and funded, along with the procedures for administering the Fund and the criteria for determining the amount of compensation that can be awarded. The Protocol applies to all members of the International Maritime Organization (IMO) that are located or operating in coastal states and have ratified the Protocol. Additionally, the scope of the Protocol does not extend to oil spills that do not cause harm to the environment, including those on-land oil spills, such as gasoline spills from vehicles. By establishing a global system for compensating victims of oil pollution, the Protocol of 2003 helps to ensure that those who suffer harm as a result of this type of pollution can receive fair and equitable compensation for their losses. The scope of the Protocol is expansive and provides a comprehensive framework for establishing and administering an international system of compensation for victims of oil pollution in coastal states.
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