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
The International Maritime Organization (IMO, French: ''Organisation maritime internationale'') is a specialised agency of the United Nations responsible for regulating shipping. The IMO was established following agreement at a UN conference ...
that was adopted to ensure that adequate compensation would be available where oil pollution damage was caused by maritime casualties involving
oil tankers
An oil tanker, also known as a petroleum tanker, is a ship designed for the bulk transport of oil or its products. There are two basic types of oil tankers: crude tankers and product tankers. Crude tankers move large quantities of unrefined cru ...
(i.e. ships that carry oil as cargo).
[International Maritime Organization on the International Convention on Civil Liability for Oil Pollution Damage (CLC), 196]
/ref>
Liability
The convention introduces strict liability
In criminal and civil law, strict liability is a standard of liability under which a person is legally responsible for the consequences flowing from an activity even in the absence of fault or criminal intent on the part of the defendant.
...
for shipowners.
In cases when the shipowner is deemed guilty of fault for an instance of oil pollution, the convention does not cap liability.
When the shipowner is not at fault, the convention caps liability at between 3 million special drawing rights
Special drawing rights (SDRs, code ) are supplementary foreign exchange reserve assets defined and maintained by the International Monetary Fund (IMF). SDRs are units of account for the IMF, and not a currency ''per se''. They represent a claim ...
(SDR) for a ship of to 59.7 million SDR for ships over .
The 2000 Amendments
Adoption: 18 October 2000
Entry into force: 1 November 2003
The amendments raised the compensation limits by 50 percent compared to the limits set in the 1992 Protocol, as follows:
For a ship not exceeding 5,000 gross tonnage, liability is limited to 4.51 million SDR (US$5.78 million)
For a ship 5,000 to 140,000 gross tonnage: liability is limited to 4.51 million SDR plus 631 SDR for each additional gross tonne over 5,000
For a ship over 140,000 gross tonnage: liability is limited to 89.77 million SDR
The HNS Convention
The HNS Convention (Hazardous and Noxious Substances by Sea 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 ...
to compensation for damages occurring from spill of dangerous goods
Dangerous goods, abbreviated DG, are substances that when transported are a risk to health, safety, property or the environment. Certain dangerous goods that pose risks even when not being transported are known as hazardous materials ( syllab ...
is based on the same legal framework.
Insurance
If a ship carries more than 2000 tons of oil in cargo, CLC requires shipowners to maintain "insurance or other financial security" sufficient to cover the maximum liability for one oil spill
Coverage
As of September 2016, 136 states, representing 97.5 per cent of the world fleet, are contracting parties to the CLC Protocol of 1992, which amends the original CLC Convention. Bolivia
, image_flag = Bandera de Bolivia (Estado).svg
, flag_alt = Horizontal tricolor (red, yellow, and green from top to bottom) with the coat of arms of Bolivia in the center
, flag_alt2 = 7 × 7 square p ...
, North Korea
North Korea, officially the Democratic People's Republic of Korea (DPRK), is a country in East Asia. It constitutes the northern half of the Korea, Korean Peninsula and shares borders with China and Russia to the north, at the Yalu River, Y ...
, Honduras
Honduras, officially the Republic of Honduras, is a country in Central America. The republic of Honduras is bordered to the west by Guatemala, to the southwest by El Salvador, to the southeast by Nicaragua, to the south by the Pacific Oce ...
, and Lebanon
Lebanon ( , ar, لُبْنَان, translit=lubnān, ), officially the Republic of Lebanon () or the Lebanese Republic, is a country in Western Asia. It is located between Syria to the north and east and Israel to the south, while Cyprus li ...
—which are generally flag of convenience
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 ...
states—have not ratified the treaty.
The United States of America
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territori ...
is not a signatory to CLC, despite considerable involvement in its formulation. This is due to significant nation legislation such as the Oil Pollution Act, 1990, so signing the CLC was deemed unnecessary.
See also
* International Convention on Civil Liability for Bunker Oil Pollution Damage
* United Nations Convention on the Law of the Sea
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 agreement that establishes a legal framework for all marine and maritime activities. , 167 c ...
* International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea (HNS Convention)
* (MARPOL)
References
{{Reflist
1969 in the environment
1992 in the environment
Environmental treaties
Environmental impact of shipping
International Maritime Organization treaties
Law of the sea treaties
Liability treaties
Oil spills
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