沿岸國要求過境船舶提供油污保險證明之探討

The Study on Reques t ing Insurance Cert i f icates from Transiting Ships by Coastal States under International Law

自俄羅斯於2022年入侵烏克蘭，西方國家陸續對其採取制裁措施，而俄羅斯油品之海上運送為規避制裁，透過未取得妥適油污保險之油輪進行運送，惟該等安全堪慮之油輪，倘發生油污事件，受損害者將難以自船東及其保險人取得損害賠償。
在國際公約下，「船舶油貨污染民事責任公約」（CLC）及2001年燃油污染損害賠償民事責任公約（2001年Bunkers公約）均僅規定「船旗國」及「港口國」應採取措施，確保特定船舶依規定備有妥適之油污保險。惟近年部分CLC公約締約國開始以「沿岸國」之角色要求過境油輪提供CLC公約下之保險證明，部分國家並透過國際海事組織修正既有船舶報告制度，使該作法取得國際法上之強制力依據。惟亦存有反方意見質疑該作為是否符合現有之國際海洋法。
縱然美國國內法針對過境船舶之油污擔保問題，早已定有更嚴厲之處置規定，但能否逕認其與公認之國際海洋法規範體系相合，並可供其他國家參考採納相同作法，似尚待釐清。爰針對船舶油污保險之問題，就非CLC公約之締約國而言，現階段似仍以船旗國及港口國之角色，於海洋污染防治相關法律訂定規範並據以執法較為可行。

Since the Russian Federation invaded Ukraine in 2022, various sanction measures have been taken by Western countries to deter Russia from continuing its invasion. Transporting Russian crude oil or its oil products by sea is thus subject to certain restrictions under sanctions. To evade such restrictions, Russian oil is being increasingly transported by the so-called“dark fleet/ shadow fleet”tankers. These tankers are often considered to be unsafe and uninsured, therefore with no adequate insurance for its oil pollution liability. Should oil pollution damage occur because of any incident of such tankers, it would be awfully difficult to obtain compensation from the shipowner or its insurer(s).
In the context of international conventions, the CLC Convention and the 2001 Bunkers Convention, which regulate the issue of civil liability for oil cargo and bunker oil pollution damage respectively, only specify that flag states and port states are responsible for ensuring that acceptable insurance is in force in respect of specified categories of ships. Nevertheless, some Contracting States of the CLC Convention have initiated the practice of requesting transiting tankers to provide insurance information in recent years. Furthermore, a part of these Contracting States has submitted proposals to amend existing Mandatory Ship Reporting Systems adopted by the International Maritime Organization (IMO), in order to request insurance certificate information mandatorily under the International Convention for the Safety of Life at Sea (SOLAS). The revised SOUNDREP and BELTREP were adopted consequently. However, it is disputed by opponents whether such action taken by coastal states conforms to the law of the sea under international law.
Although the United States has already taken a more stringent approach to sanctioning transiting vessels without the certificate of financial responsibility for oil pollution, it is still not beyond question if the practice taken by the US is in conformity with international law and can be taken by other countries as well. As for the present, it might be more practicable for states not being Contracting States to the CLC Convention to regulate oil pollution issues with municipal law regarding marine pollution control and enforce the law accordingly as flag state and port state.