What is exception in CLC ? who will pay then if not CLC ?
Under the Fund Convention, victims of oil pollution damage may be compensated beyond the level of the shipowner's liability. However, the Fund's obligations are limited. Where, however, there is no shipowner liable or the shipowner liable is unable to meet their liability, the Fund will be required to pay the whole amount of compensation due. Under certain circumstances, the Fund's maximum liability may increase.
With the exception of a few cases, the Fund is obliged to pay compensation to the victims of oil pollution damage who are unable to obtain adequate or any compensation from the shipowner or his guarantor under the CLC Convention.
The owner of a tanker has strict liability (ie he is liable also in the absence of fault) for pollution damage caused by oil spilled from his tanker as a result of an incident. He is exempt from liability under the 1992 Civil Liability Convention only if he proves that:
a) the damage resulted from an act of war or a grave natural disaster, or
b) the damage was wholly caused by sabotage by a third party, or
c) the damage was wholly caused by the negligence of public authorities in maintaining lights or other navigational aids.
If owner is exempted due to above reasons, then 1992 Fund will pay the entire compensation.
MMD / MCA ORALS MASTER EXAM
