Promoting the Integrity of the International Regime on Oil Pollution Compensation and Liability

Abstract

The international regime on oil pollution liability and compensation was intended to harmonise national laws on this subject in order to ensure adequate compensation for oil pollution victims. The success of the regime depends upon both its effective implementation into national law and a consistent and uniform interpretation by national courts. In practice, the uniform interpretation of the international regime has proven to be a challenge because of the different approaches taken by national courts towards the interpretation of the treaties. It is argued in this paper that the contracting parties to the treaties underlying the international regime already have a power to adopt authoritative interpretations. Whilst some decisions of the International Oil Pollution Compensation Fund may qualify as authoritative interpretations, it has been suggested that this power is perhaps better exercised through the International Maritime Organization, given its broader membership. Where an authoritative interpretation has been adopted, states and their courts are under an international obligation to follow that interpretation. However, there is currently no mechanism at the international level to monitor and promote compliance by national authorities. It is therefore argued that tentative discussions on monitoring the implementation of the international regime should be stepped up with a view to creating a formal compliance mechanism.

Keywords: Oil Pollution, Compensation and Liability, Fund Convention, Civil Liability Convention, Treaty Interpretation, Non-Compliance Procedure