International Convention on Civil Liability for Bunker Oil Pollution Damage

International Convention on Civil Liability for Bunker Oil Pollution Damage (BUNKER)feati
Signed 23 March 2001
Location London
Effective 21 November 2008
Signatories 84
Ratifiers 83
Depositary International Maritime Organisation
Languages English

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. 1 2 "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.
  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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