Toward Compatible International and Domestic Regimes of Civil Liability for Oil Pollution of Navigable Waters
Even though the highly-publicized problem of vessel-source oil pollution has generated much discussion among attorneys in the United States and in other nations,1 the private-law remedies for oil pollution damage both here and abroad remain grossly inadequate. The vast majority of those United States citizens who are exposed to detrimental aftereffects of oil spills from ships still have little or no chance to recover any compensation for their losses under state or federal law.
The only comprehensive plan yet adopted to deal with the international problem of liability for oil discharges from vessels that transport oil is found in the two related treaties drafted under the aegis of the Inter-Governmental Maritime Consultative Organization (IMCO), a specialized agency of the United Nations. These proposed treaties are the International Convention on Civil Liability for Oil Pollution Damage2 (hereinafter the "Civil Liability Convention" or "Liability Convention") and the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage3 (hereinafter the "Fund Convention").