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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... shipowner would have been entitled to invoke ... shipowner” 1. Interpretation of “wilful misconduct” in relation to .......... 185 limitation of liability..................................................................... 185 2 ...
... shipowner and pollution 4 P&I Clubs are shipowners' Protection and Indemnity Clubs, which will be given more detailed discussion in chapter 2 and appear quite often in the following chapters. 5 victims , will be involved . The ...
... shipowner for each incident was not to exceed SDR 3 million for a ship of 5,000 gross tons or less ; for ships in excess of 5,000 gross tons , SDR 420 was to be paid for each additional ton over and above the SDR 3 million , but should ...
... shipowner's right of recourse , which will be discussed later . " The liability of the shipowner is strict in the sense that he is liable irrespective of the existence of any fault . In other words , the claimant has only to demonstrate ...
... shipowner's liability limit or where the com- pensation cannot be obtained from the shipowner , for instance , if the shipowner is exonerated from liability . For this reason , the IOPC Fund was created under the Fund Convention.21 The ...
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 |