1992 PROTOCOL TO THE INTERNATIONAL CONVENTION ON THE ESTABLISHMENT OF AN INTERNATIONAL FUND FOR COMPENSATION FOR OIL POLLUTION DAMAGE (FUND 1992) AND ITS APPLICATIONS RELATED WITH OIL SPILL IN TURKEY


Ünal A. U. , Usluer H. B.

OIL SPILL ALONG THE TURKISH STRAITS SEA AREA; ACCIDENTS, ENVIRONMENTAL POLLUTION, SOCIO-ECONOMIC IMPACTS AND PROTECTION, SELMA ÜNLÜ,BEDRİ ALPAR,BAYRAM ÖZTÜRK, Editör, TÜDAV, İstanbul, ss.424-436, 2018

  • Yayın Türü: Kitapta Bölüm / Araştırma Kitabı
  • Basım Tarihi: 2018
  • Yayınevi: TÜDAV
  • Basıldığı Şehir: İstanbul
  • Sayfa Sayıları: ss.424-436
  • Editörler: SELMA ÜNLÜ,BEDRİ ALPAR,BAYRAM ÖZTÜRK, Editör

Özet

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.