HFW Briefing: Everything that floats – regulations clear?

Everything that floats – regulations clear?

An international convention authority and courts on both sides of the Atlantic have recently attempted to clarify the question of whether floating offshore units are to be subject to the laws and regulations applying to ‘ships’. However, the issue remains complex and confusing.

In the last Offshore Bulletin, we examined the recommendations of the IOPC Funds Working Group on the definition of a ‘ship’ for the purposes of the 1992 Civil Liability Convention (CLC). The CLC imposes strict liability on shipowners for oil pollution damage caused by their ship. In return, shipowners are entitled to limit their liability for pollution claims. The question is therefore of considerable significance to owners and operators of floating offshore units. The Working Group’s recommendations were recently approved by the IOPC Funds Administrative Council, and a succinct guidance document for member states was subsequently produced in March 2016.
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