Pollution Prevention, Response and Compensation - Prevention of Pollution of the Marine Environment from Vessels - page 55

following upon a maritime casualty”. 101 The Convention confers a restricted right
on coastal States which is subject to consultation with flag States, the owner of the
ship and owner of the cargo. 102 Moreover, coastal States must demonstrate there is
a

to intervene. Any unlawful intervention will be liable for
compensation. 103 A Protocol, 104 adopted in 1973, enlarged the scope of this Con-
vention to include substances other than oil.

' grave necessity '

3.9 Liability and Compensation

A number of international conventions aim to establish a comprehensive legal
framework for compensation for damage caused by marine pollution. Of these,
the most important is Article 235 of the UNCLOS, which requires States to provide
adequate compensation for “damage caused by pollution of the marine environ-
ment” 105 and calls for co-operation among States for implementation and develop-
ment of international law regarding marine pollution damage. 106
Under the auspices of IMO, the period between the late 1960s and early 1970s
saw the initial development of an international legal framework for compensation
of oil pollution damage. 107 The International Convention on Civil Liability for Oil
Pollution Damage 1969 (CLC 69) was the first. 108 According to this Convention,
strict liability attaches to ship owners for oil pollution damage up to a ceiling linked
with the vessel s tonnage. 109 Thus, fault on the part of the owner is irrelevant if

there is pollution damage caused by oil escaping or the releasing of oil from the
vessel. The Convention requires ship owners to take out compulsory insurance
policies. 110 Only damage caused exclusively within the territory and territorial sea
of the member States is compensable. 111

'

101 Intervention Convention, Art. 1.
102 Intervention Convention, Art. 3.
103 Intervention Convention, Art. 5.
104 Protocol Relating to Intervention On the high Seas in Cases of Marine Pollution by Substances
other than Oil , opened for signature 2 November 1973, 13 ILM 650 (entered into force 30 March
1983) (hereinafter Intervention Convention).
105 UNCLOS, art. 235 (2).
106

UNCLOS, art. 235 (3).

107

It is pertinent to note here that some voluntary agreements between oil companies including the
Tanker Owners Voluntary Agreement Concerning Liability for Oil Pollution, 1969 (TOVLOP)
and the Contract Regarding Interim Settlement of Tanker Liability for Oil Pollution, 1971
(CRISTAL) played a significant role in the development of this legal regime.
108 International Convention on Civil Liability for Oil Pollution Damage , opened for signature
29 November 1969, 973 UNTS 3, (entered into in force 19 June 1976), as amended by the 1976
Protocol to the 1969 Convention, 16 ILM 617 (entered into in force 8 April 1981) (hereinafter CLC
69).
109 CLC 69, art. III (1).
110 CLC 69, art. VII.
111 CLC 69, art. II.