【Abstract】

This paper comments on the legal aspects of the WAKASHIO oil spill accident in Mauritius, based on information available until the current point in time (early September 2020). Firstly, it provides an overview of the legal system of the seas, and by applying the categories of public law regulations and private law regulations, introduces the international legal framework that is applicable to oil spill accidents by general vessels. An overview is provided (Section 2) on the United Nations Convention on the Law of the Sea and MARPOL for the former, and the Bunker Convention, the Convention on Limitation of Liability for Maritime Claims (LLMC 1976), and the Nairobi Convention (although this was not applied to this case) for the latter. Next, an overview is provided on past oil spill cases by general vessels, with a focus on cases in which the total maximum liability was exceeded. Looking at past cases, there is a possibility that the total maximum liability may also be exceeded in the WAKASHIO accident (Section 3). Furthermore, the paper discusses the legal points of this case from the perspectives of (1) Total maximum liability, (2) Contents of compensation for damages, (3) Position of Mitsui O.S.K. Lines, and 4) Position of the Japanese government, respectively (Section 4). Finally, these discussions are summarized. Going forward, efforts should be made to encourage countries, especially small island developing countries, to ratify the 1996 Protocol of the Convention on Limitation of Liability for Maritime Claims (LLMC 1996). There are also expectations for the continued and sincere support from the government of Japan, which is itself a maritime nation, and from Nagashiki Shipping Co., Ltd. and Mitsui O.S.K. Lines, toward Mauritius. (Section 5)