Research Information System
in: OIL SPILL ALONG THE TURKISH STRAITS SEA AREA; ACCIDENTS, ENVIRONMENTAL POLLUTION, SOCIO-ECONOMIC IMPACTS AND PROTECTION, SELMA ÜNLÜ,BEDRİ ALPAR,BAYRAM ÖZTÜRK, Editor, TÜDAV, İstanbul, pp.424-436, 2018
The Torrey Canyon collusion at 1967 was a great source of the law and legal
regime of liability related to petroleum chemical pollution in the international arena. CLC,
which is stands for Civil Liability Convention, provided a very eligible mechanism for
ensuring the payment of compensation for oil and chemical pollution damage at 1969. In
addition, it neither deal satisfactorily with all the legal nor financial and other questions
raised during the Conference adopting the CLC Convention. At 1971, very important
conference held in Brussels that recommended that IMO should prepare such a scheme
and the International Convention on the Establishment of an International Fund for
Compensation for Oil Pollution Damage was adopted. According to IMO records; “Fund
purposes are consist of to provide compensation for pollution damage to the extent that
the protection afforded by the 1969 Civil Liability Convention is inadequate, give relief
to shipowners in respect of the additional financial burden imposed on them by the 1969
Civil Liability Convention, such relief being subject to conditions designed to ensure
compliance with safety at sea and other conventions, give effect to the related purposes
set out in the convention”. The Fund's also obligation to pay compensation is confined to
pollution damage suffered in the territories including the territorial sea of all contracting
States. Moreover, the Fund is also obliged to pay compensation in respect of measures
taken by a Contracting State outside its territory. However, the Fund is not obliged to
indemnify the owner if damage is caused by his wilful misconduct or if the accident was
caused, even partially, because the ship did not comply with certain international
conventions. The Convention contains provisions on the procedure for claims, rights and
obligations, and jurisdiction. The main point that, contributions to the Fund should be
made by all persons who receive oil by sea in Contracting States. The International
Convention on the establishment of FUND, was adoption at December 18th, 1971. In
addition, entry into force was at October 16th, 1978. Besides this information, it was
superseded by 1992 Protocol. This protocol was adoption November 27th, 1992 and entry
force were at May 30th, 1996.