2000: Conference Proceedings
Articles

Oil Spill Claims: How to Make and Resist Them

Published 2000-08-05

Keywords

  • oil pollution,
  • marine pollution,
  • oil spill claims,
  • marine insurance,
  • pollution damage,
  • oil tankers,
  • CLC 1969,
  • CLC 1992,
  • International Convention on the Establishment of an International Fund for Oil Pollution Damage 1971,
  • Fund Convention Protocol 1992,
  • negligence,
  • civil liability for oil spill damage,
  • compulsory insurance,
  • P&I Club,
  • pollution clean-up costs,
  • limitation of liability,
  • exclusive economic zone,
  • strict liability,
  • limitation fund,
  • Protection of the Sea (Civil Liability) Act 1981 (Cth),
  • Protection of the Sea (Oil Pollution Compensation Fund) Act 1993 (Cth),
  • oil company liability,
  • Maritime Transport Act 1994 (NZ)
  • ...More
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Abstract

Given the potential size of oil spill claims, White cautions that maritime lawyers should make a particular study of how they should be handled, whether acting for a client making a claim or for a client who is scrutinising, and possibly resisting, a claim. In this paper, White only briefly mentions common law actions, and then outlines the relevant international conventions, the legislation and the guidelines that have been published relating to oil spill claims in Australia and New Zealand.