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Answar these Questione - Assignment Example

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The 1969 Civil Liability Convention and the 1971 Fund Convention, referred to as the old regime, became amended in 1992 by two protocols and became 1992 Civil Liability Convention and the 1992 Fund Convention respectively, otherwise referred to as the new regime (The Secretariat…
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The Civil Liability Convention and the Fund Convention Development from the old regime to the new regime The 1969 Civil LiabilityConvention and the 1971 Fund Convention, referred to as the old regime, became amended in 1992 by two protocols and became 1992 Civil Liability Convention and the 1992 Fund Convention respectively, otherwise referred to as the new regime (The Secretariat of the International Oil Pollution Compensation Funds, 2004). These two conventions of 1992 became active on 30 May 1996. The reign of the 1971 Fund Convention came to an end on 24 May 2002 because of several denunciations against its action. In addition, a vast number of states have censured the 1969 Civil Liability Convention. This led to the development of the 1992 Civil Liability Convention and the 1992 Fund Convention. These two provide a wider range of application on various aspects, as well as more flexible limits of compensation than the previous versions of the convention (The Secretariat of the International Oil Pollution Compensation Funds, 2004).
Contribution to the fund
Any individual who has received more than 150 000 tonnes of crude oil, as well as heavy oil in one year, and is in a member state of the 1992 Fund Convention is liable to contribute to the fund. However, the levy of these contributions depends on reports of oil receipts with regards to individual contribution. The fact that the receiver could be a company owned by a state, a government agency, or a private company is a significant determinant of applying the levy (International Oil Pollution Compensation Funds, 2009).
According to the Gard Group (2011), member states need to report to the Fund Convention the name and address of any liable person to contribute and the amount of contributing oil they receive in that state, yearly. The only exceptions to reporting to the Fund Convention are associated persons such as subsidiaries and commonly controlled entities. In addition, the Fund levies annual contributions to its members who pay a certain amount per tonne of contributing oil they receive, so as to meet the projected expenses of the coming year (The Secretariat of the International Oil Pollution Compensation Funds, 2004).
How the 2003 protocol legal aspects differ from the 1992 version
In the 1992 Fund, there was a protocol adopted in 2003 that gave way to the establishment of the third tier of compensation on 3 March 2005, through the Supplementary Fund. The provision of the Supplementary Fund the limitation to paying for compensation for pollution damage for only the incidents that occur after the state in question accepts the Protocol. Notably, being a member of the Supplementary Fund is not a must and any state party to the 1992 Fund may join whenever they wish (The Secretariat of the International Oil Pollution Compensation Funds 2004).
In any calendar year, any person of a member state who has received contributing oil of more than 150 000 tonnes is liable to annual contributions to the Supplementary Fund. The difference between the contribution to the Supplementary Fund and to the 1992 Fund is that they believe that each member state receives at least 1 million tonnes of contributing oil each year, for the purpose of paying contributions. The Supplementary Fund provides extra compensation that is higher than that provided in the 1992 Fund Convention for pollution damage in the states that accept the protocol (International Oil Pollution Compensation Funds, 2009).
International Oil Pollution Compensation Funds. (2009). Annual Report 2009. London: Bressenden Place.
The Gard Group. (2011). CLC and Fund Convention. [Online]. Available at: [Accessed: 23 April 2012]
The Secretariat of the International Oil Pollution Compensation Funds. (2004). The International Regime for Compensation for Oil Pollution Damage. Explanatory Note. Read More
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