LEGAL LACUNA ON GLOBAL REGIME

FOR OIL SPILLS LIABILITY FROM OFFSHORE EXPLORATION

There is a distinct absence of a global instrument on civil liability for
pollution damage arising from ofshore operations. Existing international
rules on oil pollution from accidents on oil rigs, including in relation to major
accident response and emergency planning need to be made at global level.
Moreover, rules on fnancial guarantees and liability for oil pollution damage
from oil rigs are required, either under ne or amended international or
regional level.
The UN Convention on the Law of the Sea 1982
The !" #onvention on the $a of the %ea imposes international la
duties on its parties to prevent pollution, including from oil platforms. &il rigs
are governed by a variety of international conventions, starting ith the
basic rights and obligations set out in the !" #onvention on the $a of the
%ea'
( to give coastal states the exclusive right to authori)e and regulate
drilling and oil exploration in the EE* and on the continental shelf
+,rticles -., ./ and 0123
( to impose environmental protection obligations regarding the marine
environment +see 4art 566, ,rticle 178f2, including in relation to
pollution from oil rigs and the operation and maintenance of
installations +see ,rticles 179 and 8/023
( to impose duties of international cooperation +,rticle 17:f2 and of
monitoring and environmental assessment +,rticles 8/9 and 8/-2.
International conventions on maritime liability and liability for
oil polltion
6t should be noted that all the international conventions that deal ith
liability in relation to oil pollution +and other forms of pollution2 from ships or
the limitation of liability for maritime claims do not apply to oil pollution as a
result of accidents on oil rigs. They are restricted to oil pollution incidents
caused by ships. Therefore, none of the folloing conventions ould apply to
an oil rig accident'
( The #onvention on $imitation of $iability for Maritime #laims+$$M#2
17:.
( The 6nternational #onvention on #ivil $iability for &il 4ollution ;amage
+#$#2 1778
( The 6nternational #onvention on the Establishment of an 6nternational
<und for #ompensation for &il 4ollution ;amage +the <und #onvention2
1778
( The 6nternational #onvention on #ivil $iability for =un>er &il 4ollution
;amage +the =un>ers #onvention2 8//1
( The 6nternational #onvention on $iability and #ompensation for
;amage in #onnection ith the #arriage of ?a)ardous and "oxious
%ubstances by %ea +the ?"% #onvention2177.