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There is currently no global regime governing liability for oil pollution damage from offshore exploration. While the UN Convention on the Law of the Sea assigns coastal states rights over offshore drilling and imposes environmental protection obligations, it does not establish rules on financial guarantees or liability for oil spills from rigs. Existing international conventions on maritime liability and oil pollution only apply to incidents caused by ships, not accidents on oil rigs. A new global instrument is needed to address this legal lacuna.
There is currently no global regime governing liability for oil pollution damage from offshore exploration. While the UN Convention on the Law of the Sea assigns coastal states rights over offshore drilling and imposes environmental protection obligations, it does not establish rules on financial guarantees or liability for oil spills from rigs. Existing international conventions on maritime liability and oil pollution only apply to incidents caused by ships, not accidents on oil rigs. A new global instrument is needed to address this legal lacuna.
There is currently no global regime governing liability for oil pollution damage from offshore exploration. While the UN Convention on the Law of the Sea assigns coastal states rights over offshore drilling and imposes environmental protection obligations, it does not establish rules on financial guarantees or liability for oil spills from rigs. Existing international conventions on maritime liability and oil pollution only apply to incidents caused by ships, not accidents on oil rigs. A new global instrument is needed to address this legal lacuna.
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.