INTERNATIONAL CONVENTION ON
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CIVIL LIABILITY FOR OLL
POLLUTION DAMAGE, 1992
The States Parties to the prent Convention.
CONSCIOUS of the dangers of pollution pod by the worldwide maritime carriage of oil in bulk,
CONVINCED of the need to ensure that adequate compensation is available to persons who suffer damage caud by pollution resulting from the escape or discharge of oil from ships,
alevel国际学校DESIRING to adopt uniform international rules and procedures for determining questions of liability and providing adequate compensation in such cas,
HA VE AGREED as follows
Article I
For the purpos of this Convention:
1. “Ship” means any a going vesl and aborne craft of any tpye whatsoever constructed or adapted for the carriage of oil in bulk as cargo, provided that a ship capable of carrying oil in bulk as cargo and during any voyage following such carriage unless it is proved that it has no residu of such carriage of oil in bulk aboard.
2. “Person” means any individual or partnership or any public or private bady, whether corporate or not, including a State or any of its constituent subdivsions.
3. “Owner” means the person or persons registered as the owner of the ship or, in the abnce of registration, the person or persons owning the ship. However in the ca of a ship owned by a State and operated by a company which in that State is registered as the ship’s operator, “owner” shall mean such company.
4. “State of the ship’s registry” means in relation to registered ships the State of registration of the ship, and in relation to unregistered ships the State who flag the ship is flying.
5. “Oil” means any persistent hydrocarbon mineral oil such as crude oil, fuel oil, heavy diel oil and lubricating oil, whether carried on board a ship as cargo or in the bunkers of such a ship.
6. “Pollution damage” means:
(a) loss or damage caud outside the ship by contamination resulting from the escape or
discharge of oil from the ship, wherever such escape or discharge may occur,
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provided that compensation for impairment of the environment other than loss of
profit from such impairment shall be limited to costs of reasonable measures of
reinstatement actully undertaken or to be undertaken.
(b) the costs of preventive measures and further loss or damage caud by preventive
measures.
7. “Preventive measures” means any reasonable measures taken by any person after an incident has occurred to prevent or minimize pollution damage.
8. “Incident” means any occurrence, or ries of occurrences having the same origin, which caus pollution damage or creates a grave and imminent threat of causing such damage.
9. “Organization” means the International Maritime Organization.
10. “1969 Liability Convention” means the International Convention on Civil Liability for Oil Pollution Damage, 1969. For States Parties to the Protocol of 1976 to that Convention, the term shall be deemed to inclued the 1969 Liability Convention as amended by that Protocol.
Article
This Convention shall apply exclusively:
克罗泽(a) to pollution damage caud:
(i) in the territory, including the territiorial a, of a Contracting State, and
(ii) in the exclusive economic zone of a Contracting State, established in accordance with international law, or, if a Contracting State has not established such a zone, in an area
beyond and adjacent to the territorial a of that State determined by that State in
accordance with international law and extending not more than 200 nautical miles
from the balines from which the breadth of its territorial a is measured;
(b) to prevetive measures, wherever taken, to prevent or minimize such damage.
Article
1. Except as provided in paragraphs 2 and 3 of this Article, the owner of a ship at the time of an incident, or, where the incident consists of a ries of occurrences, at the time of the first such occurrence, shall be liable for any pollution damage caud by the ship as a result of the incident.
2. No liability for pollution damage shall attach to the owner if he proves that the damage:
(a) resulted from an act of war, hostilities, civil war, insurrection or a natural phenomenon of
an exceptional, inevitable and irresistible character, or
(b) was wholly caud by an act or omission done with intent to cau damage by a third
party, or
(c) was wholly caud by the negligence or other wrongful act of any Government or other
authority responsible for the maintenance of lights or other navigational aids in the exerci of that funormal
nction.
3. If the owner proves that the pollution damage resulted wholly or partially either from an act or omission done with intent to cau damage by the person who suffered the damage or from the negligence of that person, the owner may be exonerated wholly or partially from his liability to such person.
4. No claim for compensation for pollution damage may be made against the owner otherwi than in accordance with this Convention. Subject to paragaph 5 of this Article, no claim for compensation for pollution damage under this Convention or otherwi may be made against:
(a) the rvants or agents of the owner or the members of the crew;
(b) the pilot or any other person who, without being a member of the crew, performs rvices
for the ship;
(c) any charterer (howsoever described, including a bareboat charterer), manager or operator
of the ship;
(d) any person performing salvage operations with the connt of the owner or on the
instructons of a competent public authority;
(e) any person taking preventive measutes;
(f) all rvants or agents of persons mentioned is subparagraphs (c), (d) and (e);
unless the damage resulted from their personal act or omission, committed with the intent to cau such damage, or recklessly and with knowledge that such damage would probably result.
5. Nothing in this Convention shall prejudice any right of recour of the owner against third parties.
元音和辅音Article
When an incident involving two or more ships occurs and pollution damage results therefrom, the owners of all the ships concerned, unless exonerated under Article , shall be jointly and verally liable for all such damage which is not reasonably parable.
Article
1. The onwner of a ship shall be entitled to limit his liability under this Convention in respect of any one incident to an aggregate amount caluated as follows:
(a) 3 million units of account for a ship not exceeding 5,000 units of tonnage;
(b) for a ship with a tonnage in excess thereof, for each additional unit of tonnage, 420 units of account in addition to the amount mentioned in sub paragraph (a);
provided, however, that this aggregate amount shall not in any event exceed 59.7 million units of account.
2. The owner shall not be entitled to limit his liability under this Convention if it is proved that the pollution damage uesulted from his personal act or omission, committed with the intent to cau such damage, or recklessy and with knowledge that such damage would probably result.
3. For the purpo of availing himlf of the benefit of limitation provided for in paragraph 1 of this Article the owner shall constitute a fund for the total sum reprenting the limit of his liability with the Court or other competent authority of any one of the Contracing States in which action is brought under Article or, if no action is brought with any Court or oter competent authority in any one of the
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Contraction States in which an action can be brought under Article . The fund can be constituted either by depositing the sum or by producing a bank guarantee or other guarantee, acceptable under the legislation of the Contracting State where the fund is constituted, and considered to be adequate by the Court or other competent authority.
4. The fund shall be distributed among the cleimants in proportion to the amounts of their established claims.
5. If before the fund is distributed the owner or any of his rvants or agents or any person providing him insurance or other financial curity has as a result of the incident in question, paid compensation for pollution damage, such person shall, up to the amount he has paid, acquire by subrogation the rights which the person so compensated would have enjoyed under this Convention.
6. The right of subrogation provided for in paragraph 5 of this Article may also be exercid by a person other than tho mentioned therein in respect of any amount of compensation for pollution damage which he may have paid but only to the extent that such shbrogation is permitted under the applicable national law.
7. Where the owner or any other person establishes that he may be compelled to pay at a later date
climax shodo shinoin whole or in part any such amout of compensation, with regard to which such person would have enjoyed a right of subrogation under paragraphs 5 or 6 of this Article, had the compensation been paid before the fund was distributed, the Court or other competent authority of the State where the fund has been constituted may order that a sufficient sum shall be provisionally t aside to enable such person at such later date to enforce his claim against the fund.
8. Claims in respect of expens reasonably incurred or sacrifices reasonably made by the
owner voluntarily to prevent or minimize pollution damage shall rank equally with other claims against the fund.
9(a). The “unit of account” referred to in paragraph 1 of this Article is the Special Drawing Right as defined by the International Monetary Fund. The amounts mentioned in paragraph 1 shall be converted into national currency of the Contracting State as far as possible the same real value for the amounts in paragraph 1 as would result from the application of the first three ntences of paragraph 9(a). Contracting States shall communicate to the depositary the manner of calculation pursuant to paragraph 9 (a), or the result of the conversion in pargraph 9(b) as the ca may be, when depositing an instrument of ratification, acceptance, approval of or accession to this Convention and whenever there is a change in either.
10. For the purpo of this Article the ship’s tonnage shall be the gross tonnage calculated in accordance with the tonnage measurement regulations contained in Annex I of the International Convention on Tonnage Measurement of Ships, 1969.
11. The insurer or other person providing financial curity shall be entitled to constitute a fund in accordance with this Article on the same conditions and having the same effect as if it were constituted by the owner. Such a fund may be constituted even if, under the provisions of paragraph 2, the owner is not entitled to limit his liability, but its constiution shall in that ca not prejudice the rights of any claimant against the owner.
Article
1. Where the owner, after an incident, has constituted a fund in accordance with Article , and is entitled to limit his liability,
(a) no person having a claim for pollution damage arising out of that incident shall be entitled
第83届奥斯卡to exerci any right against any other asts of the owner in respect of such claim;
(b) the Court or other competent authority of any Contracting State shall order the relea of
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any ship or other property belonging to the owner which has been arrested in respect of a claim for pollution damage arising out of that incident, and shall similarly relea any bail or other curity furnished to avoid such arrest.
2.The foregoing shall, however, only apply if the claimant has access to the Court administering the fund and the fund is actuall available in respect of his claim.
Article
1. The owner of a ship registered in a Contracting State and carrying more than 2,000 tons of oil in bulk as cargo shall be required to maintain insurance or other financial curity, such as the guarantee of a bank or a certificate delivered by an international compensation fund, in the sums fixed by applying the limits of liability prescribed in Article , paragraph 1 to cover his liability
