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Understanding the CLC Convention (International Convention on Civil Liability for Oil Pollution Damage)

The CLC Convention (International Convention on Civil Liability for Oil Pollution Damage) is an international treaty adopted in 1969 under the auspices of the International Maritime Organization (IMO) to ensure adequate compensation for damages caused by oil pollution from ships. It establishes a framework for determining liability and compensation for oil spill incidents, aiming to protect the marine environment and affected communities.

Key Features of the CLC Convention:

1. Strict Liability: The shipowner is held strictly liable for oil pollution damage caused by their vessel, irrespective of fault, with limited defenses (e.g., acts of war, natural disasters, or deliberate actions by a third party).

2. Compulsory Insurance: Requires shipowners to maintain insurance or financial guarantees to cover their liability under the convention.

3. Limits of Liability: Specifies maximum compensation amounts based on the size of the ship, with higher tonnage ships bearing greater liability.

4. Geographic Scope: Covers damage in the territory, territorial sea, and exclusive economic zone (EEZ) of contracting states.

5. Channeling of Liability: The claim for compensation can only be directed at the shipowner and not at the crew, charterers, or cargo owners, ensuring clarity in legal responsibility.

6. Supplementary Framework: Works alongside the Fund Convention, which provides additional compensation if the damages exceed the shipowner’s liability limits under the CLC.

The convention has been updated through protocols in 1976 and 1992, which expanded its scope, increased compensation limits, and ensured alignment with modern maritime operations. It plays a vital role in safeguarding the marine environment and ensuring swift and fair compensation for pollution damage.

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