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November 8, 2003 Saturday Ramazan 12, 1424

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Pakistan yet to ratify CLC



By Arshad Sharif


ISLAMABAD, Nov 7: Pakistan will not be able to benefit from the new amendments to the Protocol of the International Convention on Civil Liability (CLC) for Oil Pollution Damage as Islamabad is yet to ratify the convention.

The new amendments have raised by 50 per cent the limits of compensation payable to victims of pollution by oil from oil tankers.

According to official sources, the case for CLC ratification was under consideration in the communication ministry and the summary for ratification was moved after the Tasman Spirit disaster.

“The summary for the CLC ratification is pending approval either with the minister or the secretary,” officials in the communication ministry told Dawn.

Officials said even if the courts in Pakistan, in their admiralty jurisdiction, decide the case against owners of the Tasman Spirit, it would be a question of how to enforce the writ of Pakistani courts internationally in a long-drawn-out legal battle likely to take years to reach its logical end.

The 1992 CLC Protocol has been ratified by 93 states, representing 91.54 per cent of the world merchant shipping tonnage.

The 1992 Fund Protocol has been ratified by 86 states, representing 87.18 per cent of the world merchant shipping tonnage.

The 2003 Fund Protocol has received one ratification by the end of Sept 2003.

International Maritime Organization adopted a Protocol in May 2003 establishing an International Oil Pollution Compensation Supplementary Fund to supplement the compensation available under the 1992 Civil Liability and Fund Conventions with an additional, third tier of compensation.

The total amount of compensation payable for any one incident under the 2003 Protocol will be limited to a combined total of 750 million Special Drawing Rights (SDR) ($1,067 million) including the amount of compensation paid under the existing CLC and Fund Conventions.






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