BP Deepwater Horizon oil spill 2010 : a legal analysis on the basis of UNCLOS 1982 and OPRC Convention 1990

Abstract

This thesis critically analyses the incident of BP Deepwater Horizon oil spill on the basis of UNCLOS 1982 and OPRC Convention 1990. Part XII of UNCLOS 1982 laid down jurisdictional rules for the protection and preservation of marine environment. This thesis outlines and describes in detail articles 192, 193, 194, 204, 205, 206 and 208 of UNCLOS 1982. The 1990 London International Convention on Oil Pollution Preparedness, Response and Co-operation promotes international co-operation in the event of major oil pollution threat. This thesis outlines and describes in detail articles 2, 3, 4, 5 and 6. Both UNCLOS 1982 and OPRC Convention 1990 have shortcomings and weaknesses in addressing the Deepwater Horizon oil spill. The shortcomings and weaknesses of UNCLOS 1982 are the treaty’s reliance upon national legislation to implement its provision; the Convention lacks definitive procedures for determining liability, guaranteeing compensation and enforcing the adoption of international rules if a spill or explosion caused by one state and affecting another state occurs and the Convention does not provide coastal or port states with any jurisdiction over pollution matters or with any other specific rights to act upon or report to an international regulatory body if violation stemming from a fixed platform affects a neighbouring state. The shortcomings and weaknesses of OPRC Convention 1990 are the Convention does not define a minimum standard nor does it indicate an appropriate methodology to be used in determining equipment levels on case to case basis; the Convention provides a great deal of flexibility regarding its implementation by Contracting parties and the Convention only concerns with accident planning and response, it does not cover issues pertaining to liability and compensation. In the wake of Deepwater Horizon oil spill, there is a need to implement a global treaty of strict liability that regulates oil pollution from fixed platform and provides consistent standard of enforcement against offending operators in term of liability limits and compensation avenues.