Polluter Pays in Deep Waters: A Comparative Study on Civil Liability for Marine Oil Pollution

Abstract

Marine oil pollution has serious implications on the biodiversity, livelihood of the coastal populations, and the sustainability of the global environment. As use of offshore drilling and shipping of oil on sea has grown, the rate of oil spills coupled with their devastating effects has risen and this is something that should be fought by a legal force. This paper investigates a polluter pays principle in civil liability system of marine oil pollution in various jurisdictions. Relying on a comparative law approach, the paper will discuss international regimes of the International Maritime Organization Civil Liability Convention (CLC) and Fund Convention and national regimes in the United States, European Union, India, and China.

The discussion shows many differences in the extent, enforceability, and efficiency of liability regimes. Although good examples abound of well-financed and strict compensation systems, like the U.S. Oil Pollution Act (1990), evidence shows that in other jurisdictions names like India and China experience difficulties in both enforcement and judicial uniformity. The research shows that there are loopholes in harmonization especially when it comes to capping of liability, damage evaluation policies and transboundary responsibility.