Resolving Disputes Involving Accidental Pollution by Oil: What are the Challenges?

Abstract: This paper discusses disputes involving pollution and the questions of compensation and claims involved, particularly with the provisions for resolving maritime disputes under the United Nations Law of the Sea (1982 UNCLOS) and other conventions. The paper gives a detailed discussion of the provisions of the UNCLOS in respect of the options available to disputants and claimants for adjudication. It also explores the value of the International Oil Pollution Compensation Fund (1992 Fund Convention) as it relates to providing an effective and timely resolution of claims resulting from marine pollution and difficulties often involved in using national judicial options and contending interests of parties involved in the regulation of marine environment. Research results have confirmed that in spite of the many conventions, law and regulations available for regulating the marine environment enforcements compliance remained weak. Finally the paper suggests ways that disputes and claims involving accidental pollution might be better managed with the provisions of the (1992 Fund Convention) and other remedies.

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