The concept of "pollution damage" under CLC/FUND'92

Abstract

Pollution of the seas as a result of tanker incidents continues to be a problem worldwide. Most of the tanker incidents cause pollution damage especially in the environment. The pollution damage can be environmental or economic. Some International Conventions provide compensation for victims who suffer oil pollution damage. However, damages can be in various types and only some types of pollution damage can be compensated. The 1992 Civil Liability and Fund Conventions provide compensation for claimants. In order to obtain compensation, claimants need to submit and prove their claims. Types of pollution damage have also been examined to consider the compensability of them. By this way, victims can be aware of reasonability of claims to obtain compensation. Turkey has been party to both the 1992 Conventions since 17.08.2001. Implementation of these International Conventions is necessary. The 1992 Civil Liability Convention is based on the strict liability of the shipowner. The 1992 Protocols provide compensation under certain provisions to compensate oil pollution damage. Despite various legal instruments of the national law, provisions for oil pollution incidents under the legal framework of these Protocols should be applied. Claims should be reasonable to be compensable. The criteria have been determined to clarify admissibility of claims by the Fund. A good evaluation of claims is necessary.