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BALTIC SEAENVIRONMENT PROCEEDINGS No. 59 - Helcom

BALTIC SEAENVIRONMENT PROCEEDINGS No. 59 - Helcom

BALTIC SEAENVIRONMENT PROCEEDINGS No. 59 - Helcom

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ABSTRACT:<br />

Liability and compensation for pollution damage caused by oil spills from laden tankers is governed<br />

by two international Conventions: the 1969 Civil Liability Convention and the 1971 Fund Convention,<br />

The Civil Liability Convention establishes a system of strict liability for tanker owners and introduces<br />

compulsory liability insurance. The Fund Convention creates a system of supplementary<br />

compensation administered by an intergovernmental organisation, the International Oil Pollution<br />

Compensation Fund (IOPC Fund), which at present has 56 Member States. The IOPC Fund pays<br />

compensation to victims of oil pollution in Member States when the compensation from the<br />

shipowner and the insurer is insufficient.<br />

The IOPC Fund co-operates closely with the P & I Clubs, employing experienced experts. Over the<br />

years, the IOPC Fund has been involved in 66 incidents and has paid US$92 million to victims.<br />

Only three of these incidents have been taken to court, whereas in all other cases claims have<br />

been settled out of court. The IOPC Fund has developed a policy on the admissibility of claims<br />

covering clean-up costs, preventive measures, damage to property and economic loss.<br />

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