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Technical guidelines for assessing fisheries sector claims With special reference to small-scale operations lacking evidence of earnings


Year: 2008
Language: english
Author: IOPC FUND
Genre: Methodological guide
Format: PDF
Quality: eBook
Pages count: 40
Description: Experience from many oil spills has shown that fisheries sector enterprises often have little or
no evidence as to their normal earning levels against which to assess claims for compensation.
This problem occurs in many countries, but it is most pronounced in developing nations,
especially in the case of small-scale fisheries sector operations.
The aim of the IOPC Funds and P&I insurers is to ensure that all victims of oil pollution
damage are fairly and promptly compensated. However, achieving this aim has proved
difficult, due to a lack of evidence to support claims for compensation. It is recognised that
there are a number of common methods that can be applied in the case of oil spills, to assess
appropriate levels of compensation.
These guidelines describe the likely types of impact on various fisheries sector operations,
and provide information and methods for estimating losses. The guidelines cover the more
common mechanisms of loss, but not market damage issues, which are complex and, by
definition, require routinely collected market data, pre- and post-impact.
Compensation is only available in respect of claims that fulfil specific criteria. These guidelines
are designed to assist experts in the assessment of claims in the fisheries sector, with special
reference to small-scale operations lacking evidence of earnings. They do not address legal
issues in detail and should not be seen as an authoritative interpretation of the relevant
international conventions.

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