We would like to ensure that you are still receiving content that you find useful – please confirm that you would like to continue to receive ILO newsletters.
20 July 2016
On October 18 2000, by Resolution LEG.1(82), the Legal Committee of the International Maritime Organisation adopted amendments to the limitation amounts in the 1992 Protocol to Amend the International Convention on Civil Liability for Oil Pollution Damage 1969. Article 6(1) of the 1992 Protocol was amended as follows:
These amendments entered into force on November 1 2003. In July 2015 Chile issued Decree 43 approving the amendments.
Under Chilean law there are generally three main potential scenarios in connection to civil liability for damages resulting from the spillage of hydrocarbons and other hazardous substances:
Chile is a party to the 1992 Civil Liability Convention. According to Decree 43/2015, Chile enjoys the benefit of the first layer of the international compensation regime up to 89.7 million special drawing rights (SDR). However, Chile has yet to approve the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage 1992, together with the 2003 Protocol to the 1992 Fund Convention (Supplementary Fund Protocol).
In this respect, some time ago Parliament suggested to the president that a draft agreement to the 1992 Fund Convention (which has yet to be approved) be adopted.
Approval of the amendments to the limitation amounts contained in Article 6.1 of the 1992 Civil Liability Convention has been a positive step towards harmonisation with the international community.
However, the adoption of the 1992 Fund Convention and the Supplementary Fund Protocol continue to be important missing parts of the international compensation regime, exposing Chile to the pollution contingency above its 89.7 million SDR cap.
In this respect, industry efforts are anticipated to at least approve the 1992 Fund Convention.
The materials contained on this website are for general information purposes only and are subject to the disclaimer.
ILO is a premium online legal update service for major companies and law firms worldwide. In-house corporate counsel and other users of legal services, as well as law firm partners, qualify for a free subscription.