What are the exclusions and limitations under the International Convention on Civil Liability for Oil Pollution Damage?

Under the International Convention on Civil Liability for Oil Pollution Damage (CLC), an excluding or limiting party may be exempt from civil liability for oil pollution damage. This is in reference to a party who has a legal interest in a vessel or oil facility, and they may be exempt from paying compensation for the damages caused by their vessel or facility. The CLC states that damages caused by pollution incidents are only subject to liability if the incident was caused by the neglect or willful misconduct of the responsible party. Neglect refers to an individual’s failure to exercise reasonable care, while willful misconduct is the intentional or reckless disregard for safety protocols. The CLC also outlines various exclusions and limitations including mitigating factors, such as the actions or omissions of a third-party or government entities, that may exempt a party from liability. A responsible party may also be exempt from liability if the incident was caused by force majeure, or an unavoidable accident. The CLC also outlines limits on the amount of compensation a person or entity may be required to pay for the damages. Generally, a party’s liability for oil pollution damage is limited to an amount based on the gross tonnage of the vessel or facility. A party may also be exempt from liability if they can prove that their negligence or willful misconduct did not contribute to the incident. In New York, these exclusions and limitations are in place to protect parties from excessive liability, while also attempting to hold persons and entities accountable for the damage caused by their negligence or willful misconduct.

What are the exclusions and limitations under the International Convention on Civil Liability for Oil Pollution Damage?

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