Compulsory Insurance and Compensation for Bunker Oil Pollution DamageSpringer 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. |
From inside the book
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... force. Eleven countries have ratified it and they are: Cyprus, Greece, Jamaica, Latvia, Luxembourg, Samoa, Singapore, Slovenia, Spain, The United Kingdom and Tonga. Among them, Singapore and the United Kingdom are the latest ratifying ...
... force, the 1978 MRPOL Protocol absorbed the earlier convention. The combined instrument – the International Convention for the Prevention of Maritime Pollution from Ships, 1973 as modified by the Protocol of 1978 relating thereto ...
... force. The Bunkers Convention follows the format of earlier international civil liability conventions. It establishes a liability, insurance and compensation regime for spills of oil carried as fuel in ships' bunkers. The insurance ...
... force, this research work shall not only focus on the analysis of the basic principles and issues relating to compulsory insurance and compensation as provided for in the Bunkers Convention, but also 9 However, it is important to point ...
... force . Despite the subsequent adoption of the CLCs and the Fund Conventions , TOVALOP and CRISTAL still remained in force and functioned as a parallel system to the later 2 3 4 4 The TOVALOP and the CRISTAL are reprinted in : Lloyd's ...
Contents
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 |
Other editions - View all
Compulsory Insurance and Compensation for Bunker Oil Pollution Damage Ling Zhu No preview available - 2006 |
Compulsory Insurance and Compensation for Bunker Oil Pollution Damage Ling Zhu No preview available - 2009 |