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 (the "Protocol") is a treaty that was signed in 2003 and entered into force in 2008. The Protocol increases the liability limits for oil pollution damage and provides for compensation to be paid by the responsible party to those affected by the oil pollution. The Protocol applies to oil pollution arising from accidents or incidents that occur in the maritime area of a State, which is defined as the waters within a 12-mile zone of the coastline of the State. The Protocol also applies to oil pollution in the geographical area of the State that extends up to 200 nautical miles from the coastline. Under the Protocol, if an oil spill occurs in the maritime area or geographical area of a State, then the State and the owner of the vessel that caused the spill will be jointly and severally liable for compensating those affected by the oil pollution. The amount of compensation is limited to the amount of money that is available in the International Fund for Compensation for Oil Pollution damage. The Protocol also provides a mechanism through which the State and the vessel owner can be reimbursed for the money that has been paid as compensation. The Protocol states that the responsible party must pay a contribution to the International Fund in order to be eligible for the reimbursement. In conclusion, the scope of the Protocol of 2003 to the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage is far-reaching. The Protocol applies to both maritime and geographical areas of a State and provides a mechanism for compensation and reimbursement to those affected by the oil pollution.
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