论船舶承租人的油污损害赔偿责任

Liability of Charterers for Oil Pollution from Ships

按照油污损害赔偿民事责任公约的规定,船舶所有人对船舶溢油而产生的费用和造成的损失承担责任,承租人 无需承担责任。但是,公约并不禁止船东在承担了责任之后再依据租船合同和相关国内法的规定向承租人追偿。 1990年美国油污法扩大了责任主体的范围,依照该法,不仅船舶所有人,而且船舶承租人和船舶经营人也要承担 责任。可以说,前者是承租人的一种间接责任,而后者则是一种直接责任。这两种责任的性质、基础有所不同,责 任人是否可以享受责任限制也有所区别。

Under the circumstance of oil spill from ships, the shipowner is the only person who is responsible for the pollution claims and charterers do not normally have any exposure according to the Civil Liability Convention. While the shipowner may incur liability in the first instance, behind the scenes there have often been cases where owners have tried to shift on charterers, by a claim under the charter party, the cost incurred in responding to an oil spill or dealing with claims, which is not prohibited by the Civil Liability Convention. Oil Pollution Act 1990 imposes liability on charterers as well as shipowners, which means that the claimant can bring a claim directly against charterers for the cost and damage. The article dwells on the two kinds of liabilities incurred by charterers in light of the corresponding provisions under the Civil Liability Convention and OPA90. Then it gives an analysis of the question whether a charterer of a ship can limit liability for oil pollution, which is examined by reference to the 1976 London Convention on Limitation of Liability for Maritime Claims. It is an open question whether charterers can limit liability for the claim brought by shipowners.