Brief Introduction
On 2 April 2026, Somalia became a State Party to the 1992 Protocol to the Civil Liability Convention following its approval by the Council of Ministers, thereby aligning itself with the contemporary international regime governing liability for oil pollution damage. This regime has evolved through several key instruments. It originates from the International Convention on Civil Liability for Oil Pollution Damage (1969), which established the foundational framework for ship-owner liability in cases of oil pollution.
The Convention was subsequently supplemented by the 1976 Protocol, which primarily revised liability limits. A more comprehensive reform followed with the 1992 Protocol, which expanded the scope of application and significantly increased compensation limits, forming what is now known as the CLC 1992 regime. This framework was further updated by the 2000 Amendments (LEG.1(82)), which adjusted liability limits to reflect economic changes.[1]
Countries that have joined the 1992 oil pollution liability regime are able to fully benefit from international compensation mechanisms when oil spills affect areas under their maritime jurisdiction.[2]
The Council of Ministers also approved the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, an international treaty adopted under the auspices of the International Maritime Organization, which establishes a legal framework for the prevention and suppression of unlawful acts against the safety of maritime navigation, including acts such as ship hijacking, violence against vessels, and other forms of maritime terrorism.
Legal Nature of the 1992 Protocol
Although Somalia is not a party to the International Convention on Civil Liability for Oil Pollution Damage (1969), the 1992 Protocol to the Civil Liability Convention does not operate as an independent treaty. Instead, it amends and modernizes the 1969 Convention, giving rise to what is commonly known as the 1992 Civil Liability Convention.
This framework establishes key principles, including the strict liability of ship-owners for oil pollution damage, compulsory insurance requirements, and a unified system for compensation claims. Importantly, a State may accede directly to the 1992 Protocol without first becoming a party to the 1969 Convention; upon doing so, it becomes bound by the Convention as amended under the CLC 1992 regime, as reflected in Somalia’s current approach.[3]
Somalia’s accession to the 1992 Civil Liability Convention represents an important step toward aligning with the international framework on oil pollution liability. It strengthens the country’s legal capacity to address pollution incidents through a structured system of liability and compensation, while enhancing confidence in its maritime governance. Together with the approval of the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, this development reflects a broader commitment to improving both environmental protection and maritime security in line with standards set by the International Maritime Organization.
The continued large-scale transportation of oil by sea underscores the critical role of the International Maritime Organization in developing and maintaining international legal frameworks that regulate liability, compensation, and safety standards in order to mitigate the risks of oil pollution arising from maritime activities.
[1] IMO, ‘Comprehensive information on the status of multilateral Conventions and instruments in respect of which the International Maritime Organization or its Secretary-General performs depositary or other functions’ (2026) at https://wwwcdn.imo.org/localresources/en/About/Conventions/StatusOfConventions/Status%202026%2025%20mar.pdf.
[2] Sofiya Shvelidze,’ A Law To Incorporate The Protocol Of 1992 To Amend The International Convention On Civil Liability For Oil Pollution Damage Of 29 November 1969 And The Protocol Of 1992 Amending The International convention On The Establishment Of An International Fund For Compensation For Oil Pollution Damage, 1971 Into The Laws Of The Republic Of Kazakhstan And To Provide For The Effective Implementation Thereof’ (2019), Published International Maritime Law Institute, at https://imli.org/wp-content/uploads/2020/11/Sofiya-Shvelidze-draft.proj_.pdf.
[3] International Oil Pollution Compensation Fund, ‘Explanatory Note’ (2021) at https://iopcfunds.org/wp-content/uploads/2021/07/explanatory-note_e.pdf.
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