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Class 1 (Chief Engineer) Engineering Management 📅 Apr 2023

Exam Question

Describe the background and relevance of the international Convention on Civil Liability for Bunker Oil Pollution Damage, 2001. Discuss the following under Bunker Conventions, comparing with other similar Conventions such as CLC'92:

(a) Pollution damage & Exclusions. (4)

(b) Time limits for claims (4)

(c) Liability of Ship owner & Limitations of Liability (4)

(d) Compulsory Insurance & Financial Security (4)

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 to fill a significant gap in the international maritime pollution liability regime. Prior to its entry into force, the primary international instrument for oil pollution was the International Convention on Civil Liability for Oil Pollution Damage (CLC), which applies only to pollution damage caused by spills of persistent oil carried **as cargo** by oil tankers.
This left a major loophole: spills of bunker fuel from non-tanker vessels (such as bulk carriers, container ships, and passenger ships), or even from tankers when the spill involved their own fuel and not their cargo, were not covered by a uniform international liability and compensation system. Victims of such spills had to seek compensation through complex and varied national laws, often with uncertain outcomes.
The relevance of the Bunker Convention is that it establishes a clear and uniform international legal framework for determining liability and ensuring prompt and adequate compensation for pollution damage caused by the escape or discharge of bunker oil from ships.

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