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Class 1 (Chief Engineer) Engineering Management 📅 Sep 2024

Exam Question

Describe the background and relevance of the International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001. Define the following under Bunker Convention and explain how they differ from other similar conventions such as CLC’92. (16)

(a) Pollution damage

(b) Bunker oil

(c) Time limits for claims

(d) Exclusions.

Reference Answer

### Background and Relevance of the Bunker Convention, 2001
The International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001 (Bunker Convention) was adopted by the International Maritime Organization (IMO) to address a significant gap in the international maritime legal framework. Its primary relevance stems from the need to provide adequate, prompt, and effective compensation to persons who suffer damage caused by spills of bunker oil from ships.
**Background:**
1. **Regulatory Gap:** Prior to this convention, the primary international regime for oil pollution liability, the International Convention on Civil Liability for Oil Pollution Damage, 1969/1992 (CLC), only applied to pollution damage caused by persistent oil from oil tankers (carried as cargo or in bunkers). There was no uniform international system to cover pollution from the bunker oil of non-tanker vessels, such as bulk carriers, container ships, or passenger vessels.

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