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Different Regime Applied to Liability for Oil Pollution Damage
Author(s) -
Lefiana Ferdinandus
Publication year - 1999
Publication title -
jurnal hukum and pembangunan
Language(s) - English
Resource type - Journals
eISSN - 2503-1465
pISSN - 0125-9687
DOI - 10.21143/jhp.vol29.no2.554
Subject(s) - liability , rest (music) , compensation (psychology) , business , liability insurance , oil pollution , convention , scope (computer science) , oil spill , pollution , strict liability , law , environmental protection , finance , environmental science , political science , computer science , ecology , medicine , psychology , psychoanalysis , cardiology , biology , programming language
With regard to its reaction or probably overreaction to the disastrous incident of oil spill from "Exxon Valdez" in Alaska, the United States of America put into law Oil Pollution Acts 1990 (OPA 1990). This Acts establishes a new liability and compensation regime for oil pollution damage from ship operations, which is different from the regime adopted by the rest of the world. OP A 1990 adopts unlimited liability whereas the rest of the world who join with CLC 1969, TOVALOP 1969, FUND Convention 1971 and CRISTAL 1971 adopt strict liability. OP A' s unlimited liability has set very high cost that could not be held up by all groups involved in ship operations, such as shipping companies, insurance market, oil companies, and finally consumer.

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