Compulsory Insurance and Compensation for Bunker Oil Pollution Damage

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Springer Science & Business Media, 2007 M03 20 - 242 pages

Oil tankers are not the only vessels that have caused oil pollution at sea. Numerous spills in the past have been of heavy fuel oil from non-tankers. However, the international liability and compensation regime covered only oil pollution damage caused by oil tankers. There was thus a need to bring the law on marine oil pollution responsive to oil pollution damage caused by non-tankers. In March 2001, the International Convention on Civil Liability for Bunker Oil Pollution Damage was adopted following a diplomatic conference at the International Maritime Organization. Though this convention has not yet come into force, its various aspects should already be considered as they will surely affect the maritime industry as a whole and the non-tanker sector, in particular. This book provides a timely and comprehensive study on the concept of compulsory insurance, its main purpose of ensuring compensation and its interrelations with other features such as the rule of strict liability and the limitation of liability under the convention.

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Contents

Pollution from Ships Bunkers and the Advent of
7
I
19
10
29
13
40
The Birth of Compulsory Insurance for Oil Pollution
49
20
52
Possible
55
d The International Group of PI Clubs II The insurers offering coverage for oilpollution liability
66
Port State control regarding
118
Operator
139
Limitation of Liability and the Limit of Insurance
145
Limitation of Liability
165
Introduction
171
The limited effect of direct action under PI insurance
178
Interpretation of wilful misconduct in insurance
188
F Recourse
196

Strict Liability and Insurance
81
Who shall be liable?
93
67
95
c The role of the PI Club with regard to an oil
102
Channelling
103
insurance
105
Insurance and the Quest for Adequate Compensation
110
Oil
199
maintaining their sustainable development III Shipowners the central actor
203
A The concept of compulsory insurance and its compensation
211
Text of the Bunkers
227
Index 239
238
B The global limitation of liability system in relation to Limitation of liability rule in general ships
240
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