Episode 42: The Oil Compensation Minefield
In this episode of the Maritime Education Podcast, Barry explains one of the most important — and frequently misunderstood — distinctions in maritime pollution liability law.
Although both the 1992 CLC and the 2001 Bunker Convention impose strict liability, require compulsory insurance, and allow direct action against insurers, they are mutually exclusive regimes with very different consequences for liability and compensation.
Barry explains:
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Why the CLC 1992 applies specifically to tankers carrying persistent oil as cargo
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How the Bunker Convention fills the gap for bunker fuel spills from non-tanker vessels
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The critical difference between the CLC’s specialised, multi-tier compensation system linked to the International Oil Pollution Compensation Funds and the Bunker Convention’s reliance on LLMC limits
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Why shipowners may attempt to argue that the Bunker Convention applies — and how the law can prevent this
The episode uses the tanker Prestige case to demonstrate how courts can force the application of the correct convention, regardless of strategic arguments.
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