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
Results 1-5 of 86
... victims.................................................................................................86 C ... victims .........................90 II. The impact on the industry ...
... ........................................................... 200 Victims: “Loss of cover” and full compensation............................... 2. “Small ship” issue ....................................................
... victims, the compulsory insurance requirements under the Bunkers Convention should also take into account the benefits of pollution victims. A direct and enforceable right to claim against the insurer is thus conferred on eligible ...
... victims all sums equal to the applicable limit of liability . In this way , the victims are assured of the availability of the compensation fund . 6 Against this background , the aim of this research is to complete a study on compulsory ...
... victims will also be suggested in this chapter . 8 In the absence of a fund similar to the International Oil Pollution Compensation Fund ( IOPC Fund ) under the Bunkers Convention , ratifying States of the Bunkers Convention may require ...
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 |