On the Oil Pollution of the M.V. Amorgos Cargo Ship: A Case Study of Compensation System for Bunker Oil Pollution Damage from Ships

• Main Authors: Chun-Pi Feng, 馮春碧
• Other Authors: Yann-Huei Song
• Format: Others
• Language: zh-TW
• Published: 2004
• Online Access: http://ndltd.ncl.edu.tw/handle/11626641832159493840

碩士 === 國立臺灣海洋大學 === 應用經濟研究所 === 92 === Marine oil pollution, in particular liability and compensation for pollution damage caused by it, is regulated by the regime established under the International Convention on Civil Liability for Oil Pollution Damage of 1969 and the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage of 1971. However, these conventions govern mainly the pollution caused by oil tanker, but not other vessels such as cargo ships. It has been recognized that dry cargo ships and other non-tankers are much more numerous than tankers and that spills of bunker fuel are a common source of oil pollution from ships, which represent one-half of the total of pollution claims. For the purpose of strengthening the international legal regime governing marine pollution from ships, the International Convention on Civil Liability for Bunker Oil Pollution Damage was adopted in 2001. While this new convention has not yet entered into force, it has influenced the development of national legislation on marine pollution damage compensation matters. The M.V. Amorgos oil pollution event is the first one since the enactment of Taiwan’s Marine Pollution Prevention and Control Law that entered into force on November 1, 2000. The event represents a typical marine pollution case in which pollution damage was caused not by oil tanker but cargo ship. The goal of this study is to examine the international and domestic legal issues relating to the liability and compensation for pollution damage by applying the case study and comparative analysis approaches. It is hoped that the findings of this study could be useful to the future revision and improvement of Taiwan’s law that deals with the issues relating to marine pollution damage, liability, and compensation claims. This study finds that there exists inconsistency between Taiwan’s Marine Pollution Prevention and Control Law and international oil pollution compensation legal regime and between Taiwan’s practice and the practice of international shipping industry, in particular those regulations governing the subject of liability, scope of responsibility, exemptions from liability, and compulsory insurance, and the establishment of compensation funds. It is also found that there exists inconsistency between Taiwan’s Merchant Shipping Act and the international legal regime dealing with limitation on liability. The legality for the application of the principle of non-limitation liability in Merchant Shipping Act is subject to challenge. Given the fact that Taiwan is actively promoting the idea of setting up a Free Trade Zone system, and it is thus expected to see more vessels sailing through Taiwan’s waters or port calling Taiwan’s harbors, it is likely to see an increase of oil pollution risk in Taiwan’s waters. Accordingly, it is urged that Taiwan should establish a robust system governing marine pollution damage compensation issues.