International conventions
Gain an understanding of the key IMO international conventions relevant to the GI SEA project.
IMO's approach to maritime pollution
The GI SEA project focuses primarily on international conventions addressing maritime pollution. For these conventions, the IMO organizes them using a three-tiered approach.
Level 1 - Preventive
Deals with safety, seafarers’ training and operational pollution
- MARPOL 73.78 Annex I/II
Level 2 - Mitigation
Deals with preparedness and response measures for accidental pollution
- OPRC 1990
- OPRC-HNS Protocol 2000
Level 3 - Compensatory
Deals with liability and compensation to those affected by the pollution
- CLC 1992
- FUND 1992
- Supplementary Fund Protocol 2003
- LLMC 1996
- HNS Protocol 2010
- Bunkers Convention 2001
- Nairobi WRC 2007
GI SEA’s main focus is supporting ASEAN member states in adopting the International Convention on Oil Pollution Preparedness, Response and Co-operation (OPRC 1990), ensuring the region is equipped and ready to respond to oil pollution incidents. In addition, the project addresses other important international conventions outlined above, including those related to hazardous and noxious substances (HNS) pollution and key frameworks for claims and compensation.
To find out more about the status of ratification of these key international conventions in Southeast Asia, please refer to the regional progress tracker.
Summary of key conventions
Preventive Legislations
International Convention for the Prevention of Pollution from Ships (MARPOL 73/78)
The International Convention for the Prevention of Pollution from Ships (MARPOL) is the main international convention covering prevention of pollution of the marine environment by ships from operational or accidental causes.
The Convention includes regulations aimed at preventing and minimizing pollution from ships – both accidental pollution and that from routine operations – and currently includes six technical Annexes. Special Areas with strict controls on operational discharges are included in most Annexes.
Mitigation Legislation
International Convention on Oil Pollution Preparedness, Response and Co-operation, 1990 (OPRC)
Parties to the International Convention on Oil Pollution Preparedness, Response and Co-operation (OPRC) are required to establish measures for dealing with pollution incidents, either nationally or in co-operation with other countries.
Ships are required to carry a shipboard oil pollution emergency plan. Operators of offshore units under the jurisdiction of Parties are also required to have oil pollution emergency plans or similar arrangements which must be co-ordinated with national systems for responding promptly and effectively to oil pollution incidents.
Ships are required to report incidents of pollution to coastal authorities and the convention details the actions that are then to be taken. The Convention calls for the establishment of stockpiles of oil spill combating equipment, the holding of oil spill combating exercises and the development of detailed plans for dealing with pollution incidents.
Parties to the convention are required to provide assistance to others in the event of a pollution emergency and provision is made for the reimbursement of any assistance provided.
The Convention provides for IMO to play an important co-ordinating role.
Protocol on Preparedness, Response and Co-operation to pollution Incidents by Hazardous and Noxious Substances, 2000 (OPRC-HNS Protocol)
Like the OPRC Convention, the OPRC-HNS Protocol aims to establish national systems for preparedness and response and to provide a global framework for international co-operation in combating major incidents or threats of marine pollution. Parties to the OPRC-HNS Protocol are required to establish measures for dealing with pollution incidents, either nationally or in co-operation with other countries. Ships are required to carry a shipboard pollution emergency plan to deal specifically with incidents involving hazardous and noxious substances.
The OPRC-HNS Protocol ensures that ships carrying hazardous and noxious substances are covered by preparedness and response regimes similar to those already in existence for oil incidents.
Compensatory Legislation
International Convention on Civil Liability for Oil Pollution Damage, 1992 (CLC)
The International Convention on Civil Liability for Oil Pollution Damage (CLC 1992) establishes a legal framework that holds shipowners strictly liable for pollution damage caused by persistent oil carried as cargo, primarily from oil tankers. Under the convention, shipowners are required to maintain compulsory insurance, allowing victims to make direct claims against the insurer to recover damages. Liability limits are set based on the ship’s gross tonnage, ensuring a standardized approach to compensation. CLC 92 is often complemented by the Fund 92 and Supplementary Fund, which provide additional compensation when the shipowner’s liability is insufficient. Overall, the convention provides a clear, enforceable mechanism to ensure financial responsibility for oil pollution incidents.
International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1992 (FUND)
The International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage (Fund 1992) provides a secondary layer of financial protection for victims of oil pollution when compensation under CLC 1992 is insufficient. Fund 1992 is financed by contributions from oil receivers in member states and applies to persistent oil spills from tankers. It allows affected parties to claim additional compensation beyond the shipowner’s liability, ensuring that large-scale spills can be adequately addressed. Together with CLC 1992 and, where applicable, the Supplementary Fund, Fund 1992 forms part of a comprehensive international regime that strengthens financial preparedness and victim protection in the event of oil pollution incidents.
International Oil Pollution Compensation Supplementary Fund, 2003 (Supplementary Fund)
The Supplementary Fund (2003 Protocol to the 1992 Fund Convention) provides an additional layer of compensation for victims of oil pollution damage when the combined compensation available under CLC 1992 and Fund 1992 is still insufficient. It is funded by contributions from oil receivers in member states that have ratified the protocol and applies to large-scale spills of persistent oil from tankers. The Supplementary Fund ensures that even catastrophic incidents can be adequately compensated, enhancing financial preparedness and protecting affected parties. Together with CLC 1992 and Fund 1992, it completes the international framework for liability and compensation for tanker oil pollution.
Convention on Limitation of Liability for Maritime Claims, 1996 (LLMC)
The Convention on Limitation of Liability for Maritime Claims (LLMC 1996) establishes an international framework that allows shipowners and certain other maritime actors to limit their financial liability for a range of maritime claims, including personal injury, loss of life, and property damage. Liability limits are calculated based on the ship’s gross tonnage, providing a standardized and predictable approach to claims. The convention encourages maritime trade by reducing the financial uncertainty for shipowners while ensuring that victims receive compensation up to the established limits. LLMC 1996 applies broadly to all types of ships and complements other liability and compensation conventions by providing a clear ceiling on legal claims arising from maritime incidents.
Protocol to the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea, 2010 (HNS)
The International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea (HNS Convention) was originally adopted in 1996 to create an international liability and compensation regime for damage caused by maritime transport of hazardous and noxious substances, including pollution, personal injury, and property damage. Like the oil spill regime under CLC and Fund 92, it envisages a two‑tier system where the shipowner is strictly liable and must maintain compulsory insurance, and a second tier of compensation is provided by an international HNS Fund financed by cargo receivers. However, the 1996 Convention never entered into force due to insufficient ratifications. To address practical obstacles to entry into force, the 2010 Protocol was adopted to amend and consolidate the Convention, known as the 2010 HNS Convention, updating liability limits and improving the structure of the regime. Despite this, the 2010 Protocol has also not yet entered into force because the required number of ratifications and contributing cargo thresholds have not been met. Once in force, the amended HNS Convention will establish a comprehensive international compensation regime for HNS incidents at sea.
International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001 (BUNKER)
The International Convention on Civil Liability for Bunker Oil Pollution Damage (BUNKER 2001) establishes an international liability and compensation regime for pollution damage caused by spills of bunker oil — the fuel used to power ships — from any seagoing vessel, not just oil tankers. It was adopted in 2001 and entered into force on 21 November 2008 to fill a gap in the global regime that previously covered only oil cargo spills. Under the convention, the shipowner is strictly liable for pollution damage and associated costs, including preventive measures, and must maintain compulsory insurance or other financial security to cover their liability for such spills; victims can make direct claims against the insurer. BUNKER 2001 applies to pollution damage occurring in the territory, territorial sea, and exclusive economic zone of States Parties and incorporates liability limits consistent with the Convention on Limitation of Liability for Maritime Claims (LLMC). The convention ensures prompt and effective compensation for losses caused by bunker oil pollution, expanding the environmental protection and compensation framework beyond tanker cargo regimes.
Nairobi International Convention on the Removal of Wrecks, 2007
The Nairobi International Convention on the Removal of Wrecks establishes a global legal framework to ensure the prompt and effective removal of shipwrecks that pose hazards to navigation, coastal interests, or the marine environment. Adopted in 2007 and entering into force on 14 April 2015, the Convention fills a gap in international maritime law by providing uniform rules for locating, marking, and removing wrecks, including objects lost at sea that have become hazards. It places strict liability on the registered shipowner for the costs of wreck removal and requires ships of 300 gross tonnage and above to carry compulsory insurance or other financial security to cover these liabilities, with States Parties having a right of direct action against insurers for reimbursement. The treaty also sets out duties to report casualties, criteria for assessing hazards, and measures that coastal States may take to facilitate wreck removal, with an optional clause allowing application within territorial seas as well as exclusive economic zones.
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