What is the scope of the International Convention on Civil Liability for Bunker Oil Pollution Damage?

The International Convention on Civil Liability for Bunker Oil Pollution Damage (the “Bunkers Convention") is a binding agreement which establishes a legal framework for the protection of human health and the marine environment from the risks of pollution from bunker oil. Under the Bunkers Convention, States are responsible for the payment of compensation for loss or damage caused by oil pollution from a ship’s bunker. The scope of the Bunkers Convention is laid out in the text of the Convention. Article 1 of the Convention defines the boundaries of the Convention and the types of loss or damage that are covered by it. Specifically, the Convention covers loss or damage resulting from oil pollution from a ship’s bunker that occurs in the territorial waters of a Contracting State (that is, within a 12-mile radius of the coastline), or within the Exclusive Economic Zone of a Contracting State (EEZ), which is an area of sea extending 200-nautical miles from the coastline. The Convention also covers pollution damage to the coastline and related interests of a Contracting State, and to the coast of a non-Contracting State if it is situated within a Contracting State’s EEZ. Additionally, the Convention requires States to make payments of compensation in respect of specific kinds of loss or damage resulting from oil pollution, such as damage to the coastline, economic losses, and damage to third-party property. States are also required to ensure the prompt and adequate payment of compensation for pollution damage resulting from bunker oil, regardless of whether the ship or the polluter is identified. Finally, the Convention contains provisions for the limitation or exclusion of claims for compensation and procedures for compensation claims.

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What is the scope of the International Convention on Civil Liability for Bunker Oil Pollution Damage?

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