International Convention on Civil Liability for Bunker Oil Pollution Damage

Last updated

International Convention on Civil Liability for Bunker Oil Pollution Damage (BUNKER)feati
Signed23 March 2001
Location London, United Kingdom
Effective21 November 2008
Signatories84
Ratifiers90
Depositary International Maritime Organization
LanguagesEnglish

The International Convention on Civil Liability for Bunker Oil Pollution Damage (BUNKER) is an International treaty listed and administered by the International Maritime Organization, [1] signed in London on 23 March 2001 and in force generally on 21 November 2008. The purpose is to adopt uniform international rules and procedures for determining questions of liability and providing adequate compensation. [2]

Contents

In the convention, Bunker Oil is fuel used to power the ship. The convention covers leakage of that oil, and requires signatories to the convention to have their ships appropriately insured against such leakages.

It is associated with and references:

While BUNKER is apparently similar to CLC Convention – they are substantially different. Unlike the CLC, the BUNKER Convention is not limited to persistent fuel oils and will apply to any hydrocarbon used to operate the ship. [3]

State parties

While the convention has been widely adopted, notable exceptions include Bolivia and Honduras — which are generally flag of convenience states—have not ratified the treaty. [4] As with the CLC, [5] the United States of America was a driver behind the BUNKER convention, and had legislation in place similar to BUNKER provisions, the Oil Pollution Act of 1990, hence it claimed, the treaty did not need to be signed. [3]

As of November 2018, the treaty has been ratified by 90 states. [6]

Related Research Articles

<span class="mw-page-title-main">International Maritime Organization</span> Specialised agency of the United Nations

The International Maritime Organization is a specialised agency of the United Nations responsible for regulating maritime transport. The IMO was established following agreement at a UN conference held in Geneva in 1948 and the IMO came into existence ten years later, meeting for the first time on 17 March 1958. Headquartered in London, United Kingdom, the IMO, in 2024, has 176 Member States and three Associate Members.

<span class="mw-page-title-main">United Nations Convention on the Law of the Sea</span> International maritime law

The United Nations Convention on the Law of the Sea (UNCLOS), also called the Law of the Sea Convention or the Law of the Sea Treaty, is an international treaty that establishes a legal framework for all marine and maritime activities. As of July 2024, 169 States and the European Union are parties.

Admiralty law or maritime law is a body of law that governs nautical issues and private maritime disputes. Admiralty law consists of both domestic law on maritime activities, and private international law governing the relationships between private parties operating or using ocean-going ships. While each legal jurisdiction usually has its own legislation governing maritime matters, the international nature of the topic and the need for uniformity has, since 1900, led to considerable international maritime law developments, including numerous multilateral treaties.

<span class="mw-page-title-main">MARPOL 73/78</span> International marine environmental convention

The International Convention for the Prevention of Pollution from Ships, 1973 as modified by the Protocol of 1978, or "MARPOL 73/78" is one of the most important international marine environmental conventions. It was developed by the International Maritime Organization with an objective to minimize pollution of the oceans and seas, including dumping, oil and air pollution.

<span class="mw-page-title-main">Flag of convenience</span> Registering a ship in a foreign country

Flag of convenience (FOC) is a business practice whereby a ship's owners register a merchant ship in a ship register of a country other than that of the ship's owners, and the ship flies the civil ensign of that country, called the flag state. The term is often used pejoratively, and although common, the practice is sometimes regarded as contentious.

<span class="mw-page-title-main">Oil Pollution Act of 1990</span> US federal law

The Oil Pollution Act of 1990 (OPA) was passed by the 101st United States Congress and signed by President George H. W. Bush. It works to avoid oil spills from vessels and facilities by enforcing removal of spilled oil and assigning liability for the cost of cleanup and damage; requires specific operating procedures; defines responsible parties and financial liability; implements processes for measuring damages; specifies damages for which violators are liable; and establishes a fund for damages, cleanup, and removal costs. This statute has resulted in instrumental changes in the oil production, transportation, and distribution industries.

The International Convention for the Safety of Life at Sea (SOLAS) is an international maritime treaty which sets out minimum safety standards in the construction, equipment and operation of merchant ships. The International Maritime Organization convention requires signatory flag states to ensure that ships flagged by them comply with at least these standards.

The American Bureau of Shipping (ABS) Courier is an American maritime classification society established in 1862. Its stated mission is to promote the security of life, property, and the natural environment, primarily through the development and verification of standards for the design, construction and operational maintenance of marine and offshore assets.

The Erika legislative packages of the European Union are maritime laws intended to improve safety in the shipping industry and thereby reduce environmental damage to the oceans.

<span class="mw-page-title-main">Environmental impact of shipping</span> Ocean pollution

The environmental impact of shipping include air pollution, water pollution, acoustic, and oil pollution. Ships are responsible for more than 18% of nitrogen oxides pollution, and 3% of greenhouse gas emissions.

<span class="mw-page-title-main">Offshore oil spill prevention and response</span>

Offshore oil spill prevention and response is the study and practice of reducing the number of offshore incidents that release oil or hazardous substances into the environment and limiting the amount released during those incidents.

The International Convention on Civil Liability for Oil Pollution Damage, 1969, renewed in 1992 and often referred to as the CLC Convention, is an international maritime treaty admistered by the International Maritime Organization that was adopted to ensure that adequate compensation would be available where oil pollution damage was caused by maritime casualties involving oil tankers.

The International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1992, often referred to as FUND92 or FUND, is an international maritime treaty, administered by the International Maritime Organization. The original FUND convention in 1969 was drawn up as an enhancement to CLC meant on one hand to relieve shipowners from unfair liabilities due to unforeseeable circumstances and on the other hand remove liability caps that some member states thought were too low. The fund is obliged to pay victims of pollution when damages exceed the shipowner's liability, when there is no liable shipowner, or when the shipowner is unable to pay its liability. The fund is also required to "indemnify the shipowner or his insurer" in spills where a ship is in full compliance with international conventions, and no wilful misconduct caused the spill.

<span class="mw-page-title-main">Maritime Labour Convention</span> International Labour Organization Convention

The Maritime Labour Convention (MLC) is an International Labour Organization (ILO) convention, number 186, established in 2006 as the fourth pillar of international maritime law and embodies "all up-to-date standards of existing international maritime labour Conventions and Recommendations, as well as the fundamental principles to be found in other international labour Conventions". The other pillars are the SOLAS, STCW and MARPOL. The treaties applies to all ships entering the harbours of parties to the treaty (port states), as well as to all ships flying the flag of state party (flag states, as of 2021: over 91 per cent).

Oil spill governance in the United States is governed by federal law.

International Convention Relating to Intervention on the High Seas in Cases of Oil Pollution Casualties 1969 is an international maritime convention affirming the right of a coastal State to "take such measures on the high seas as may be necessary to prevent, mitigate or eliminate grave and imminent danger to their coastline or related interests from pollution or threat of pollution of the sea by oil, following upon a maritime casualty or acts related to such a casualty".

<span class="mw-page-title-main">HNS Convention</span>

The HNS Convention is an international convention created in 1996 to compensate for damages caused by spillage of hazardous and noxious substances during maritime transportation. The convention is officially known as the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea, 1996. The convention has not entered into force due to signatory states not meeting the ratification requirements. Canada, France, Germany, Greece, the Netherlands, Norway, and Turkey signed the 2010 protocol to the convention.

<span class="mw-page-title-main">Ballast Water Management Convention</span>

The International Convention for the Control and Management of Ships' Ballast Water and Sediments is a 2004 international maritime treaty which requires signatory flag states to ensure that ships flagged by them comply with standards and procedures for the management and control of ships' ballast water and sediments. The Convention aims to prevent the spread of harmful aquatic organisms from one region to another and halt damage to the marine environment from ballast water discharge, by minimising the uptake and subsequent discharge of sediments and organisms. From 2024, all ships are required to have approved Ballast Water Management Treatment System, according to the D2 standard. Existing ships are required to install an approved system, which may cost up to 5 million USD per ship to install. To assist with implementation, the IMO has released 14 Guidance documents in regards to the Convention including the G2 Guidelines for Ballast Water Sampling, G4 Guidelines for Ballast Water management and G6 Guidelines for Ballast Water Exchange. As of 15 July 2021, 86 countries were contracting States to the BWM Convention.

The Athens Convention relating to the Carriage of Passengers and their Luggage by Sea (PAL) is an International Maritime Organization (IMO) legal Convention.

Environmental maritime crime constitutes one of the key components of the broader domain of blue crime, and it describes and includes activities that detrimentally impact the marine environment. Its effects have had extremely deleterious impacts on marine life, both in terms of affecting marine ecosystems and the life quality of coastal citizens, with damages that are often not reparable.

References

  1. "International Convention on Civil Liability for Bunker Oil Pollution Damage (BUNKER)". www.imo.org. Archived from the original on 12 July 2017. Retrieved 30 June 2017.
  2. "International Convention on Civil Liability for Bunker Oil Pollution Damage 2001 (London, 23 March 2001) – ATS 14 of 2009”. Australasian Legal Information Institute, Australian Treaties Library. Retrieved on 18 April 2017.
  3. 1 2 "Entry into force of Bunker Convention – GARD". www.gard.no. Archived from the original on 19 August 2017. Retrieved 30 June 2017.
  4. MARISEC (2009). Shipping Industry Flag State Performance Table (PDF). London: Maritime International Secretariat Services. pp. 1–2. Retrieved 12 June 2010.
  5. "LIABILITY AND COMPENSATION FOR SHIP-SOURCE OIL POLLUTION" (PDF). unctad.org. United Nations Conference on Trade and Development. 31 January 2012. pp. 20, 23. Retrieved 30 June 2017. [p20:] However, in some cases, substantial compensation may be available under applicable national law, as for instance in the case of the United States Oil Pollution Act 1990 (OPA 1990). [and p23:] [Non-signatories] includes notably the United States, where, however, strong national legislation to provide for liability and compensation has been enacted.
  6. "International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001". www.ecolex.org. Retrieved 30 June 2017.