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ABSTRACT
Currently, international civil liability law has three tiers of compensation for damage caused by ship-source oil pollution, based on The International Convention on Civil Liability for Oil Pollution Damage 1992 (CLC 1992), The International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage 1992 Fund 1992 (FUND 1992) and The Supplementary Fund Protocol. Currently, Vietnam only participated in CLC 1992, so the Vietnamese legal framework for civil liability for harm caused by ships-source oil pollution has been significantly strengthened. However, the compensation for damages is not really consistent with the actual damage that occurred. Besides, the oil spill in Vietnam’s waters is fairly large, for many reasons. Thus, the question arises whether or not Vietnam should join FUND 1992. Based on the analysis of the additions of FUND 1992 compared to CLC 1992, as well as the actual situation, the legal system, the economy of Vietnam, the author will point out the advantages and disadvantages when Vietnam joined FUND 1992.
Disclosure statement
No potential conflict of interest was reported by the author(s).
Notes on contributors
Dinh Thi My Linh, a postgraduate student at the Peoples' Friendship University of Russia (RUDN), LLM in the International Private Law. My main research interest centres on International Private Law, especially Family law, Tort law. My current research is civil liability for marine oil pollution. I got a RUDN Brilliant Students scholarship in 2017.
Pham Van Tan, one lecturer of Maritime Training Center in Vietnam Maritime University. My major is in Marine Naviagtion, Maritime safety, Maritime laws. I have got Bachelor and Master degrees in Faculty of Marine Navigation in Vietnam Maritime University. In 2013, I obtained Doctor degrees in Law school in Dalian Maritime University. Currently, I focus on researching the topics regarding to maritime law, international laws, civil liability regime for oil pollution damage caused by ships, regulation on prevention of ship-source pollution to marine environment.
Notes
1 Susannah (Citation2012).
2 Mikhail (Citation2019a).
3 Mikhail (Citation2019b).
4 Regina and Jennifer (Citation2012).
6 See: Article III (2) CLC 1992.
7 Caryn (Citation2001).
8 See: Article 3, FUND 1992.
9 See: Article 4, FUND 1992.
10 See: Article 10, FUND 1992.
11 IOPC FUNDS. (Citation2015–2019).
12 Regina and Jennifer (Citation2012).
13 Vietnam Law & Legal Forum. (Citation2020).
14 Ministry of Industry and Commerce Vietnam. (Citation2016–2019).