Compulsory Insurance and Compensation for Bunker Oil Pollution Damage
Oil tankers are not the only vessels that have caused oil pollution at sea. Numerous spills in the past have been of heavy fuel oil from non-tankers. However, the international liability and compensation regime covered only oil pollution damage caused by
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Hamburg Studies on Maritime Affairs Volume 5
Edited by Jürgen Basedow Peter Ehlers Hartmut Graßl Hans-Joachim Koch Rainer Lagoni Gerhard Lammel Ulrich Magnus Peter Mankowski Marian Paschke Jürgen Sündermann Richard Tol Rüdiger Wolfrum
Ling Zhu
Compulsory Insurance and Compensation for Bunker Oil Pollution Damage
123
Dr. Ling Zhu International Max Planck Research School (IMPRS) for Maritime Affairs at the University of Hamburg Max-Planck-Institut für ausländisches und internationales Privatrecht Mittelweg 187 20148 Hamburg Germany
ISSN 1614-2462 ISBN-10 3-540-45900-6 Springer Berlin Heidelberg New York ISBN-13 978-3-540-45900-2 Springer Berlin Heidelberg New York This work is subject to copyright. All rights are reserved, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilm or in any other way, and storage in data banks. Duplication of this publication or parts thereof is permitted only under the provisions of the German Copyright Law of September 9, 1965, in its current version, and permission for use must always be obtained from Springer. Violations are liable to prosecution under the German Copyright Law. Springer is part of Springer Science+Business Media springer.com © Springer-Verlag Berlin Heidelberg 2007 The use of general descriptive names, registered names, trademarks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. Production: LE-TEX Jelonek, Schmidt & V¨ ockler GbR, Leipzig Cover-design: Erich Kirchner, Heidelberg SPIN 11879565
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Printed on acid-free paper
To my parents
Preface
On an international level, a distinction is made between the liability for tanker oil pollution damage and the liability for bunker oil pollution damage. Many books have been written on the former but not on the latter. The subject of my study may be deduced from the title without much difficulty. It is principally the study of bunker oil pollution damage with specific attention given to its compulsory insurance and compensation aspects. The basis of this study is the International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001, which was adopted by a diplomatic conference at the International Maritime Organisation in March 2001. So far, it has not come into force. Eleven countries have ratified it and they are: Cyprus, Greece, Jamaica, Latvia, Luxembourg, Samoa, Singapore, Slovenia, Spain, The United Kingdom and Tonga. Among them, Singapore and the United Kingdom are the latest ratifying countries and not recorded in my study and thus deserve a special mentioning here. It is hoped that the findings of my study will provide readers with an interesting, clear and coherent picture of the Convention. This study was conducted between October 2002 and April 2006 for a Ph.D. degree in law at the Intern
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