International Oil Pollution at Sea Flashcards
What are the two main conventions with regard to international oil pollution at sea?
Civil Liability Convention and Fund Convention.
What are some ex ante measures taken to prevent oil spills at sea?
Double hulls, segregated ballasts.
What ex post measures are taken with regard to oil spills at sea?
Compensation.
Why are the mechanisms in remedying effects of oil pollution blamed for being incident politics?
Always playing catch-up; on the other hand, the counter-argument is that they are adapting.
Civil Liability Convention
Strict liability on shipowner with a cap.
Fund Convention
A fund from which the remaining cost not covered by the Civil Liability Convention is taken – funded by oil companies.
What is channeling liability?
Exclusive liability of registered shipowner – all liability is channeled to them. No one else can be held liable.
Where did the idea of channeling liability come from?
Following the Fukushima Disaster, it was determined that even though General Electric had designed the generators, Tokyo Electric would be responsible.
How is the inefficiency of channeling liability mitigated?
Fund Convention.
How does insurance play into oil pollution at sea?
Insurance is compulsory, and the flag state should insure – requires more ex ante measures. There are risk-sharing agreements that are like mutual insurance – encourages compliance.
Why did China opt out of the International Oil Pollution Compensation Funds?
They are a huge importer of oil, and would accordingly pay for a very large share; however, they do not have many spills.
What measure did China take instead of joining the International Oil Pollution Compensation Funds?
Created a domestic fund.
How much is in the International Oil Pollution Compensation Funds?
203 million, with a 750 million special fund for Europe, for a total of around one billion.
In reality, how does the Civil Liability Convention and the Fund Convention interact?
The shipping and oil industries pay about half each.
How can international oil pollution be dealt with better in the future?
Better safety records, safety facilities, and training of employees.
