Question

The Convention on Civil Liability for Oil Pollution Damage, 1969, provides for strict liability to whom if oil escaping from a ship causes damage on the territory or territorial sea of a contracting party?

• A. Charterer
• B. Shipowner
• C. Captain and crew
• D. Shipbuilder

Hint:

Strict liability under the CLC is paired with compulsory insurance.
The convention requires shipowners of vessels carrying more than 2,000 tons of oil as cargo to maintain insurance or other financial security to cover their potential liability.

Answer 1

The Correct Option is B

Step 1: Understanding the Question:
The question asks to identify the party who is held strictly liable for oil pollution damage under the International Convention on Civil Liability for Oil Pollution Damage (CLC), 1969.

Step 2: Key Legal Principles and Approach:
The CLC 1969 was adopted under the auspices of the International Maritime Organization (IMO) following the catastrophic 1967 Torrey Canyon oil spill.
The treaty was designed to ensure that adequate compensation is available to persons who suffer pollution damage resulting from maritime oil spills, and it places the primary legal liability on a specific actor.

Step 3: Detailed Explanation:

• Channeling of Liability: Under Article III of the CLC 1969, civil liability for oil pollution damage is channeled exclusively to the owner of the ship.

• The registered shipowner at the time of the incident is held strictly liable for any pollution damage caused by oil escaping or being discharged from the ship.

• Strict Liability Rule: Strict liability means that the claimant does not need to prove that the shipowner was negligent or at fault.

• The mere fact that oil escaped and caused damage is sufficient to trigger the shipowner's liability.

• Exceptions to Liability: The owner is relieved of liability only under extremely narrow circumstances, such as acts of war, hostilities, a natural phenomenon of an exceptional and inevitable character, or intentional damage caused by a third party.

• Channelling Provisions: To protect other maritime actors and streamline litigation, the convention prevents claims from being made directly against the charterer, manager, operator, captain, crew, or salvor, unless the damage resulted from their personal act or omission committed with intent or recklessness.

• Therefore, the shipowner bears the sole strict liability under the CLC 1969, making Option (B) the correct choice.

Step 4: Final Answer:
The 1969 Convention channels strict civil liability for oil pollution damage exclusively to the shipowner, making Option (B) the correct answer.