The international legal framework

GI WACAF’s main focus has been the implementation of the International Convention on Oil Pollution Preparedness, Response and Cooperation, 1990 (OPRC 90 Convention). However, the OPRC 90 Convention is part of a wider regulatory system composed of IMO international Conventions and Regional Conventions. In terms of maritime pollution conventions, IMO has a three-tiered approach:

  • Level 1 – Preventive legislation - deals with safety, seafarers’ training and operational pollution (MARPOL 73/78, Annex 1);
  • Level 2 – Mitigation (preparedness and response) legislation - deals with accidental pollution (OPRC 90, OPRC-HNS Protocol);
  • Level 3 – Compensatory legislation - deals with liability and compensation to those affected by the pollution (CLC/FUND 92, BUNKER 2001, LLMC 96, HNS 2010).

As you can see on the table below showing the Ratification Status in the region (see also Progress map for further information), an effort remains to be done in the region concerning the ratification of conventions. That’s why GI WACAF has developed, in addition to the above descriptions/explanations, a set of tools to guide governments into decision-making to be downloaded.