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The title of this paper might lead the uninformed to the conclusion that the question is yet to be resolved. To the more knowledgeable it might appear to be a discussion as to the merits of locking the barn long after the horse had been stolen. While several august bodies, including the Congress and the 1969 Brussels International Conference on Marine Pollution Damages have concluded that there should be, at least in certain cases, a financial limitation upon liability for damages resulting from oil spills, the issue is far from dead. The purpose of this paper is to raise the question as to whether financial limitation schemes are the best solution to the problem of cost distribution with regard to damage caused by oil.

SHOULD FINANCIAL LIMITATIONS UPON LIABILITY BE APPLIED TO OIL SPILL REMOVAL AND DAMAGE