The International Regimes for the Compensation of Oil-Pollution Damage: Are They Effective?

Review of European Community and International Environmental Law, Vol. 12, No. 3, 2003

13 Pages Posted: 23 Jan 2008

See all articles by Michael G. Faure

Michael G. Faure

University of Maastricht - Faculty of Law, Metro; Erasmus University Rotterdam (EUR) - Erasmus School of Law

Hui Wang

KU Leuven

Abstract

This article discusses the question whether the current international regimes are adequate for the compensation of oil pollution damage. It sketches the regime of the CLC 1969 and the Fund Convention. Then it will show that by in 1984 and 1992, among others following the catastrophe with the Amoco Cadiz new initiatives were taken with the goal of providing more compensation. In 2000, following the Erika incident, the IMO Legal Committee proposed new amendments, which are to take effect in November 2003. However, even before this new regime has entered into force the sinking of the Prestige has cast doubt on whether this new regime is indeed sufficient to deal with major oil spills. Hence, this paper will address some of the critical issues underlying the current structure of the regime and discuss possible future developments, as indicated in doctrine and at the policy level. Finally, the paper formulates concluding remarks.

Keywords: Compensation, oil pollution damage, international regimes, CLC 1969, Fund Convention

JEL Classification: K10, K32

Suggested Citation

Faure, Michael G. and Wang, Hui, The International Regimes for the Compensation of Oil-Pollution Damage: Are They Effective?. Review of European Community and International Environmental Law, Vol. 12, No. 3, 2003. Available at SSRN: https://ssrn.com/abstract=1086576

Yleen Simonis (Contact Author)

METRO ( email )

P.O.Box 616
Maastricht, 6200 MD
Netherlands

Michael G. Faure

University of Maastricht - Faculty of Law, Metro ( email )

PO Box 616
Maastricht, 6200 MD
Netherlands
+31 - 43 - 388 30 60 (Phone)
+31 - 43 - 325 90 91 (Fax)

HOME PAGE: http://www.michaelfaure.be

Erasmus University Rotterdam (EUR) - Erasmus School of Law ( email )

3000 DR Rotterdam
Netherlands

Hui Wang

KU Leuven ( email )

Oude Markt 13
Leuven, Vlaams-Brabant 3000
Belgium

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