The liability emerging from the Maritime Safety Law and the importance of the I.S.M. Code - the MSC Patricia oil spill court case in Sines (Portugal)

Abstract

The deepening and development of the rules on maritime safety have the effect of gradually eliminating clauses exempting or limiting liability. In general, this regards the international liability system for damage caused by spills in the marine environment and the application of compensation funds. While minimising "risks" and errors, compliance with maritime safety standards also strengthens the fight against "threats" and limits the application of clauses on exoneration and limitation of liability. Among other instruments, these are present in the conventions on pollution resulting from oil spills and those relating to the maritime transport of goods. The I.S.M. Code, when used as a reference to qualify the conduct in question, significantly impacts insurers and criminal liability. This is particularly evident in the trials of the most severe spills, including the recent case of the N/M 'Patrícia' in Sines in October 2016. With new techniques and modern types of equipment on board vessels, the increasingly demanding nature of ship management requires a new approach to exoneration clauses (of civil liability and its limits). It requires considering their complete appliance, leading international references, and quality assessment.