What are the exclusions and limitations under the International Convention on Civil Liability for Oil Pollution Damage?
The International Convention on Civil Liability for Oil Pollution Damage (CLC) is a legal agreement that outlines the responsibilities of ship owners and operators in the event of a maritime oil spill. Under the CLC, ship owners and operators are held liable for damages caused by oil spills, regardless of fault. However, the CLC does contain some exclusions and limitations. These exclusions and limitations are designed to ensure that ship owners and operators are not held responsible for damages that are beyond their control or are caused by external factors. For example, the CLC limits the amount of damages that may be awarded to the owner or operator for oil spills that occur due to war or other hostilities, or for spills from a ship that has been confiscated by customs or other officials. The CLC also contains a limitation of liability. This limitation limits the amount of damages that may be claimed against a ship owner or operator in the event of a maritime oil spill. Under this limitation, the maximum liability for a single incident or a series of related incidents is limited to the total value of the ship and the cargo that is aboard the ship at the time of the incident. In addition, the CLC includes provisions for limiting the duration of the liability. Under this provision, once a claim for damages has been filed, the liability period is limited to three years from the date of the incident. This means that ship owners and operators are not responsible for damages that occur after this three-year period has elapsed. Overall, the CLC provides a framework for determining the responsibilities of ship owners and operators in the event of a maritime oil spill. However, the CLC also contains some exclusions and limitations in order to protect ship owners and operators from liability for damages that are beyond their control.
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