Civil Liability and Compensation for Marine Pollution - Lessons to Be Learned for Offshore Oil Spills

Abstract

This paper discusses the civil liability regimes for marine oil pollution in the US, comparing liability for vessel source pollution with offshore facility oil pollution. The rules under the Oil Pollution Act 1990 (OPA 90) are discussed in a detailed manner. Moreover, an economic and comparative analysis is provided as well. Critical comments are formulated on the limitation of liability and other limiting aspects in the liability regime.

Keywords: oil, civil liability, marine pollution, offshore oils spills, deepwater horizon, strict liability, limitation, solvency guarantees, compensation fund

JEL Classification: K13, K32, K33