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International Convention on Civil Liability for Bunker Oil Pollution Damage

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International Convention on Civil Liability for Bunker Oil Pollution Damage (BUNKER)feati
Signed23 March 2001
LocationLondon
Effective21 November 2008
Signatories84
Ratifiers83
DepositaryInternational Maritime Organisation
LanguagesEnglish

The International Convention on Civil Liability for Bunker Oil Pollution Damage (BUNKER) is an International treaty listed and administered by the International Maritime Organization,[1] signed in London on 23 March 2001 and in force generally on 21 November 2008. The purpose is to adopt uniform international rules and procedures for determining questions of liability and providing adequate compensation.[2]

In the convention, Bunker Oil is fuel used to power the ship. The convention covers leakage of that oil, and requires signatories to the convention to have their ships appropriately insured against such leakages.

It is associated with and references:

While BUNKER is apparently similar to CLC Convention – they are substantially different. Unlike the CLC, the BUNKER Convention is not limited to persistent fuel oils and will apply to any hydrocarbon used to operate the ship.[3]

Signatories

While the convention has been widely adopted, notable exceptions includes Bolivia, Honduras, and Lebanon—which are generally flag of convenience states—have not ratified the treaty.[4] As with the CLC,[5] the United States of America was a driver behind the BUNKER convention, and had legislation in place similar to BUNKER provisions, the Oil Pollution Act of 1990, hence it claimed, the treaty did not need to be signed.[3]

As of June 2017, the treaty has been signed and ratified by 84 Countries, only Brazil has not ratified:[6]

 Albania  Antigua and Barbuda  Australia
 Austria  Azerbaijan  Bahamas
 Barbados  Belgium  Belize
 Brazil (not ratified)  Bulgaria  Canada
 China  Republic of the Congo  Cook Islands
 Croatia  Cyprus  Czech Republic
 Ivory Coast  Denmark  Djibouti
 Egypt  Estonia  Ethiopia
 Fiji  Finland  France
 Germany  Greece  Hungary
 Indonesia  India  Iran  Ireland
 Italy  Jamaica  Jordan
 Kenya  Kiribati  North Korea
 South Korea  Latvia  Liberia
 Lithuania  Luxembourg  Malaysia
 Malta  Marshall Islands  Mauritius
 Mongolia  Montenegro  Morocco
 Netherlands  New Zealand  Nicaragua
 Nigeria  Niue  Norway
 Palau  Panama  Poland
 Portugal  Romania  Russia
 Saint Kitts and Nevis  Saint Lucia  Saint Vincent and the Grenadines
 Samoa  Serbia  Sierra Leone
 Singapore  Slovakia  Slovenia
 Spain  Sweden  Switzerland
 Syria  Togo  Tonga
 Tunisia  Turkey  Tuvalu
 United Kingdom  Vanuatu  Vietnam

References

  1. ^ "International Convention on Civil Liability for Bunker Oil Pollution Damage (BUNKER)". www.imo.org. Retrieved 30 June 2017.
  2. ^ "International Convention on Civil Liability for Bunker Oil Pollution Damage 2001 (London, 23 March 2001) – ATS 14 of 2009”. Australasian Legal Information Institute, Australian Treaties Library. Retrieved on 18 April 2017.
  3. ^ a b "Entry into force of Bunker Convention – GARD". www.gard.no. Retrieved 30 June 2017.
  4. ^ MARISEC (2009). Shipping Industry Flag State Performance Table (PDF). London: Maritime International Secretariat Services. pp. 1–2. Retrieved 12 June 2010. {{cite book}}: Cite has empty unknown parameter: |coauthors= (help)
  5. ^ "LIABILITY AND COMPENSATION FOR SHIP-SOURCE OIL POLLUTION" (PDF). unctad.org. United Nations Conference on Trade and Development. 31 January 2012. pp. 20, 23. Retrieved 30 June 2017. [p20:] However, it should be noted that in some cases, substantial compensation may be available under applicable national law, as for instance in the case of the United States Oil Pollution Act 1990 (OPA 1990). [and p23:] [Non-signatories] includes notably the United States, where, however, strong national legislation to provide for liability and compensation has been enacted.
  6. ^ "International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001". www.ecolex.org. Retrieved 30 June 2017.
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