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), there are a number of exclusions and limitations that may be applied. These include exclusions for cases of force majeure, where the harm caused cannot be attributed to any fault of the party liable. It also limits liability in cases of war or civil unrest, and liability for damage caused by vessels without state registration. Additionally, the CLC limits liability for those who are members of the same corporate group, related companies, or who have a common financial interest. It also limits liability in cases of oil spills that result from the deliberate or reckless behavior of the party liable, as well as cases of oil spills from tankers that were over 15 years old at the time of the incident. The CLC also sets some limitations for certain types of damage, such as limiting liability for damage to certain kinds of fishing vessels and barring compensation for loss of profits due to the incident. Additionally, the CLC limits liability to $1.5 billion for each incident, adjusted for inflation on a yearly basis. The CLC is important for West Virginia maritime law because it sets the standard of liability for those who operate vessels in West Virginia waters. As such, it is important for West Virginia maritime law practitioners to understand the exclusions and limitations set forth in the CLC to ensure the proper application of maritime law in the state.

Related FAQs

What is the scope of the International Convention on Load Lines?
What is the scope of the Carriage of Goods by Road Act of 1982?
What is the law of salvage?
What is the scope of the International Convention for the Conservation of Atlantic Tunas?
What is the scope of the International Convention on Maritime Search and Rescue?
What is the law regarding ship registration?
What is the doctrine of limited liability?
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?
What is the scope of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers?
What is the scope of the International Convention on Maritime Search and Rescue?

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

Related FAQs

Related Blog Posts