Civil, Marine Pollution, Damages, Liability

The Colombian Constitutional Court is asked to prior review the constitutionality of the Law 257 of 15 January 1996 whereby the “International Convention on the Establishment of an International Fund for Compensation for Damage Caused by Oil Pollution” is approved.

The Convention develops the principles governing environmental liability, is not only meant to repair, restore or replace the affected environmental elements, but also to minimize or reduce its effects; and also to repair the harm for those victims who have suffered damage in particular.

The parties involved; the Ministry of Environment, the Ministry of Foreign Affairs and the Attorney General's Office, strongly support the constitutionality of the law approving the Convention.

The court followed the arguments of the parties and found constitutional the law after review it from both, formal and material point of view.