Liability for oil pollution damage : an Anglo-South African comparison in light of the international dispensation

Abstract

Oil pollution incidents have become increasingly prevalent in South African waters. Internationally there exists a comprehensive regime which provides for the compensation for damage caused by oil spilt by ships. South African legislation also makes provision therefore. This dissertation investigates the adequacy of the South African legislation in light of the international instruments. It also sets out practical means of incorporating the international instruments into domestic law, by investigating how this has been done under UK law. Here it was found that the South African oil pollution compensation regime is outdated and does at present not make provision for oil receivers to pay compensation for damage. Furthermore the liability limit set by legislation is far too low.