International Convention on Civil Liability for Bunker Oil Pollution Damage
The International Convention on Civil Liability for Bunker Oil Pollution Damage (BUNKER) is an International treaty listed and administered by the International Maritime Organization, signed in London on 23 March 2001 and in force generally on 21 November 2008. The purpose is to adopt uniform international rules and procedures for determining questions of liability and providing adequate compensation.
|Signed||23 March 2001|
|Effective||21 November 2008|
|Depositary||International Maritime Organization|
In the convention, Bunker Oil is fuel used to power the ship. The convention covers leakage of that oil, and requires signatories to the convention to have their ships appropriately insured against such leakages.
It is associated with and references:
- United Nations Convention on the Law of the Sea
- International Convention on Civil Liability for Oil Pollution Damage (CLC [Convention])
- International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea (HNS Convention)
- International Convention for the Prevention of Pollution from Ships (MARPOL)
While BUNKER is apparently similar to CLC Convention – they are substantially different. Unlike the CLC, the BUNKER Convention is not limited to persistent fuel oils and will apply to any hydrocarbon used to operate the ship.
While the convention has been widely adopted, notable exceptions include Bolivia and Honduras — which are generally flag of convenience states—have not ratified the treaty. As with the CLC, the United States of America was a driver behind the BUNKER convention, and had legislation in place similar to BUNKER provisions, the Oil Pollution Act of 1990, hence it claimed, the treaty did not need to be signed.
As of November 2018, the treaty has been ratified by 90 states.
- "International Convention on Civil Liability for Bunker Oil Pollution Damage (BUNKER)". www.imo.org. Retrieved 30 June 2017.
- "International Convention on Civil Liability for Bunker Oil Pollution Damage 2001 (London, 23 March 2001) – ATS 14 of 2009”. Australasian Legal Information Institute, Australian Treaties Library. Retrieved on 18 April 2017.
- "Entry into force of Bunker Convention – GARD". www.gard.no. Retrieved 30 June 2017.
- MARISEC (2009). Shipping Industry Flag State Performance Table (PDF). London: Maritime International Secretariat Services. pp. 1–2. Retrieved 12 June 2010.
- "LIABILITY AND COMPENSATION FOR SHIP-SOURCE OIL POLLUTION" (PDF). unctad.org. United Nations Conference on Trade and Development. 31 January 2012. pp. 20, 23. Retrieved 30 June 2017.
[p20:] However, in some cases, substantial compensation may be available under applicable national law, as for instance in the case of the United States Oil Pollution Act 1990 (OPA 1990). [and p23:] [Non-signatories] includes notably the United States, where, however, strong national legislation to provide for liability and compensation has been enacted.
- "International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001". www.ecolex.org. Retrieved 30 June 2017.