Civil Liability Regime for Unlawful Acts Caused Oil Pollution

Anthony Preye Preghafi

• Éditeur: LAP LAMBERT Academic Publishing
• Année: 2016
• ISBN:
  9783659977497
• Édition: 1
• Sujet: Droit
• Sous-sujet: Droit financier

The aim of this work is to bring to the fore and spotlight the looming danger posed by unlawful acts to the marine environment and its attendant consequences within the context of the Civil Liability Conventions. "Unlawful Acts" here connotes sea robbery, piracy and terrorism. Generally, the liability of the shipowner in all the Civil Liability Conventions is strict. However, the shipowner could be exonerated from liability if the pollution damage was caused by sabotage by a third party. Piracy simpliciter, is an insurable peril covered by the Institute Cargo Clause A.Pirates can initiate an act that culminates in massive pollution of the marine environment; thereby prejudicing the IOPC Fund. Furthermore, owing to the blurred difference between piracy and terrorism, in some rare cases, it is possible for terrorist acts to pass as piracy, thereby securing compensation under the 1992 Fund Convention.