미국 유류오염법(OPA)의 입법적 변화와 그 시사점
The Legislative Changes in the Oil Pollution Act of 1990 and Its Implications
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1969 CLC(1969 International Convention on Civil Liability for Oil Pollution Damage) and 1971 FC(1971 International Convention on Establishment of an International Fund for Compensation for Oil Pollution Damage) were established to regulate oil pollution damage by a tanker. Thereafter two Protocols (‘2000 Protocol’and ‘2003 Protocol’) have been adapted for increasing compensation limits and establishing the Fund for supplementing shortages. Whereas most of marine nations including our nation are members of the above CLC and FC regimes, the aftermath of the Exxon Valdez disaster has propelled the United States of America to develop its own comprehensive oil pollution regime by way of ‘Oil Pollution Act’(OPA). It is considered more upgraded legislation than the international regime in many aspects. OPA appears to have functioned well for the first two decades following its passage. However the Deepwater Horizon oil spill incident in April 2010 highlighted several shortcomings of the existing liability scheme established by the Act. As its aftermath, a number of proposals, focused on limitation of liability caps on OPA, has been introduced in the United States Parliament. Even if those proposals have failed to be enacted, they are likely to suggest the future changes to legal regimes of Korea and the CLCㆍFC for oil pollution compensation.
Abstract
1969 CLC(1969 International Convention on Civil Liability for Oil Pollution Damage) and 1971 FC(1971 International Convention on Establishment of an International Fund for Compensation for Oil Pollution Damage) were established to regulate oil pollution damage by a tanker. Thereafter two Protocols (‘2000 Protocol’and ‘2003 Protocol’) have been adapted for increasing compensation limits and establishing the Fund for supplementing shortages. Whereas most of marine nations including our nation are members of the above CLC and FC regimes, the aftermath of the Exxon Valdez disaster has propelled the United States of America to develop its own comprehensive oil pollution regime by way of ‘Oil Pollution Act’(OPA). It is considered more upgraded legislation than the international regime in many aspects. OPA appears to have functioned well for the first two decades following its passage. However the Deepwater Horizon oil spill incident in April 2010 highlighted several shortcomings of the existing liability scheme established by the Act. As its aftermath, a number of proposals, focused on limitation of liability caps on OPA, has been introduced in the United States Parliament. Even if those proposals have failed to be enacted, they are likely to suggest the future changes to legal regimes of Korea and the CLCㆍFC for oil pollution compensation.
참고문헌 (18)
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