scholarly journals International Laws on Oil Pollution Caused by Ships and Their Enforcement in Vietnam

2020 ◽  
Vol 55 (2) ◽  
Author(s):  
Pham Van Tan
Keyword(s):  
Oil Pollution ◽  
Human Life ◽  
Rapid Development ◽  
Civil Liability ◽  
Assessment Method ◽  
International Convention ◽  
Pollution Damage ◽  
Major Interest ◽  
International Laws ◽  
International Conventions

Pollution in the marine environment, especially pollution caused by oil, is of major interest to the international community because the sea plays a major role in human life. With the rapid development of Vietnam’s maritime activities, the risk of oil pollution in Vietnam’s sea is increasing. Therefore, the study of the international laws on oil pollution caused by ships is also an urgent and necessary issue for Vietnam. The system of modern international laws has formed the legal regulatory framework to address oil pollution caused by ships at the sea by a series of international conventions related to oil pollution. With the comparison method and assessment method, the article describes a new idea for improving the oil pollution law system of Vietnam, based on the analysis and comparison of international conventions on oil pollution caused by ships with several Vietnam laws, including: United Nations Convention on the Law of the Sea 1982; International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978; International Convention on Civil Liability for Oil Pollution Damage 1992; and International Convention on Civil Liability for Bunker Oil Pollution Damage 2001. From these analyses and comparisons, the author offers some learned lessons for Vietnam, which have helped Vietnam to develop legal documents to improve the legal system regarding oil pollution – which is a necessity for Vietnam at present.

INTERNATIONAL REGIME FOR COMPENSATION FOR POLLUTION FROM TANKERS

1997 ◽  
Vol 1997 (1) ◽  
pp. 69-71
Author(s):  
Mans Jacobsson
Keyword(s):  
Oil Spills ◽  
Oil Pollution ◽  
Civil Liability ◽  
The United States ◽  
Compensation System ◽  
Intergovernmental Organization ◽  
Pollution Damage ◽  
Set Up ◽  
International Conventions ◽  
New System

ABSTRACT Compensation for oil spills from laden tankers has so far been governed by two international conventions adopted under the auspices of the International Maritime Organization: the 1969 Civil Liability Convention and the 1971 Fund Convention. Ninety-six states are parties to the 1969 Civil Liability Convention, and 70 states are parties to the 1971 Fund Convention. The United States is not party to either of these conventions. In 1992, two protocols were adopted amending the 1969 Civil Liability Convention and the 1971 Fund Convention. The conventions as amended by the 1992 protocols (the 1992 conventions), which entered into force on May 30, 1996, give better economic protection to victims of oil pollution damage caused by oil spills from tankers than the conventions in their original versions. Under the 1992 conventions, the available compensation amounts per incident (including the sum actually paid by the shipowner and his or her insurer) have been increased from US$87 million to approximately US$196 million. The 1971 Fund Convention set up an intergovernmental organization, the 1971 Fund, to administer the compensation system. The new system of compensation established under the 1992 Fund Convention is administered by a separate legal entity: the 1992 Fund. The two funds share a secretariat.

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