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The Exxon Valdez: ten years after
It would hardly be appropriate to 'celebrate' the tenth anniversary
of the Exxon Valdez disaster, but the event presents an occasion
to reflect on the considerable developments within the shipping
industry since the tanker ran aground in Prince William Sound,
Alaska, on 24 March 1989.
The significance of the Exxon Valdez incident lies less in the
actual magnitude of the spill - there have been 39 larger spills
in terms of volume - than in its impact on public consciousness,
particularly in the United States. How could a modern tanker,
owned by the world's largest oil company, be allowed to despoil
the pristine waters of one of the globe's remaining wildernesses?
Exxon has certainly paid a high price for its lapse, the total
cost being variously quoted at anything from US$4 billion to
over US$ 9 billion. But so has the industry at large. At the
level of the individual, the criminalisation of ships' masters
for pollution incidents and other errors of judgement is a worrying
trend which has become noticeably more prevalent since the grounding,
while for shipping companies the incident raised the whole issue
of corporate liability to a disturbingly higher plane.
The US Oil Pollution Act of 1990 (OPA 90) may have been in the
making before the Exxon Valdez disaster, but many of its provisions
were a direct response to it. Nothing in the Act has generated
as much continuing controversy as its liability provisions, and
the ease with which the shipowner can find himself exposed to
unlimited liability has remained the nightmare scenario for all
tanker operators trading to the United States. If the purpose
of OPA 90 was to concentrate the minds of the tanker industry
it certainly had its effect.
Indeed, some industry commentators are quoted as expressing 'qualified
appreciation' of its positive results in that regard. But seen
against a wider canvas OPA 90 has had some damaging consequences.
It unquestionably undermined the principle of international regulation
long espoused by IMO, and may be said to have encouraged European
administrations to go their own way in the subsequent discussions
on passenger ferry safety. Elements of the Act were clearly intended
to punish the industry, and the effects of that punishment are
still being felt. Perhaps in a generation's time it will be clearer
whether the Exxon Valdez disaster was the catalyst which produced
a permanent upgrading of operating standards or a nail in the
coffin of global rule-setting. For the moment the jury is still
out.
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