Abstract:

This article’s purpose is to present the main information regarding the amendments adopted by “Protocol of 2003 to the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1992” (Protocol) and indicate the influence of the Protocol on the international oil pollution compensation regime. In this study, it was identified that the Protocol didn’t provide durable solutions for questions of the regime, in spite of the fact that it strengthened the international oil pollution compensation regime. That Supplementary Fund is only financed by the oil industry has broken the balance between the related contributions constituting the core of the regime. The establishment of the STOPIA and TOPIA standard contracts is a result of the seeking that the said balance is reconstructed. These standard contracts are contrary to the development of international maritime law, although they exhibit an interesting and new approaching in this law. 1992 CLC and 1992 FC must be amended extensively for providing durable and substantial solutions to the problems of the international oil pollution compensation regime. In the prospective amendment workings of these conventions, it is expected that the view of the establishment of a unique compensation regime and the principle of the strict liability, for pollution damage, will be welcomed a major support, irrespective of its source. It is considered to be beneficial that Turkey is party to the Protocol, despite the aforementioned its negative aspects

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