Effectiveness of the polluter-pays principle under the CLC: A comparative analysis of four models for oil pollution damage claims.

The 1969 Civil Liability Convention (CLC) establishes a strict liability framework for oil-spilling vessels, integrating the polluter-pays principle with a limited liability cap for oil pollution damages. This structure is based on three pillars: strict liability, liability limitation, and compulsory insurance, creating a robust compensation model for oil pollution in maritime contexts. Importantly, the CLC allows victims to seek further compensation beyond its provisions. Victims often pursue additional claims against involved parties in collisions, targeting oil-spillers under the CLC and non-spillers through domestic laws, or comprehensive claims under national legislation. This article compares four claim models in scenarios with one oil-spilling and one non-spilling vessel. From a protectionist perspective, pursuing joint and unlimited liability from all involved parties is considered most advantageous for victims. Conversely, from a perspective prioritizing reduced societal costs, the CLC's model is deemed superior as it effectively balances the interests of various maritime stakeholders.