The Bunker Pollution Convention 2001: completing and harmonizing the liability regime for oil pollution from ships?

The International Convention on Civil Liability for Bunker Oil Pollution Damage 2001 is the final piece in the puzzle of Conventions concerning oil pollution from ships. It establishes strict liability for a number of persons concerned with the ownership or the operation of the vessel coupled with compulsory insurance for the owner and direct action against the insurer. The Convention does not affect any right of limitation of liability established in national legislation or by international Conventions, although it does give a clear suggestion to Parties that the Protocol of 1996 to the Convention on Limitation of Liability for Maritime Claims 1976 (‘‘LLMC 1996’’) provides the best background for its application. While the Convention applies to all ships, compulsory insurance is established only for the registered owner of ships larger than 1,000 tons gross. The amount for which compulsory insurance is required is that corresponding to the limits of liability available to the shipowner under applicable national law. Thus, in States Parties where no general limitation of liability is available to the shipowner, the strict liability established by the Convention and the required compulsory insurance would, presumably, have to be unlimited.