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Class 1 (Chief Engineer) Engineering Management 📅 Mar 2021

Exam Question

(a) Describe the background and relevance of the International Convention on Civil - Liability for Bunker Oil Pollution Damage, 2001.

(b) Define the following under Bunker Convention and explain how they differ from other similar Conventions such as CLC'92:

(i) Pollution damage

(ii) Bunker oil

(iii) Time limits for claims

(iv) Exclusions.

Reference Answer

### (a) Background and Relevance of the Bunker Convention, 2001
**1. Background: The Regulatory Gap**
Prior to the adoption of the Bunker Convention in 2001, the international legal framework for compensating victims of oil pollution from ships was primarily governed by the International Convention on Civil Liability for Oil Pollution Damage (CLC), 1969 and its subsequent protocols (CLC'92). However, a significant regulatory gap existed:
* **Limited Scope of CLC'92**: The CLC regime exclusively applied to pollution damage caused by spills of *persistent hydrocarbon mineral oil* from *oil tankers*. This meant that spills of bunker fuel from non-tanker vessels (such as container ships, bulk carriers, general cargo ships, and cruise ships) were not covered by this international convention.

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