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DRAFT PROTOCOL TO AMEND THE INTERNATIONAL CONVENTION ON LIABILITY AND COMPENSATION FOR DAMAGE IN CONNECTION WITH THE CARRIAGE OF HAZARDOUS AND NOXIOUS SUBSTANCES BY SEA (HNS CONVENTION) 1996
Marija Pospišil Miler
; Pravni fakultet Sveučilišta u Rijeci, Hrvatska
Marija Pospišil
; North of England P and I, Hong Kong
Sažetak
International Convention on Liability and Compensation for Damage in Connection
with the Carriage of Hazardous and Noxious Substances by Sea, (HNS Convention)
adopted at the IMO Diplomatic Conference held in London from 15 April to 3
May 1996, with an aim to ensure adequate, prompt and effective compensation of damages
occurring in connection with the carriage of hazardous and noxious substances
by sea, has not yet entered into force.
Therefore, the IMO Legal Committee has developed a Draft Protocol to HNS
Convention 1996 for adoption at the IMO Diplomatic Conference to be held in London
on 26 April 2010, with an aim to enable the HNS Convention to enter into force.
The entry into force of the HNS Convention would complete and improve the
international regulation on liability for damages resulting from pollution by oil and
other hazardous and noxious substances from ships, as the liability and compensation
of the damages resulting from oil carried as cargo has already been regulated by
the well established CLC/Fund liability regime as amended in 1992 and by Protocol
on the Establishment of Additional Fund in 2003, and the liability and compensation
of the damages resulting from oil pollution from ship’s bunkers has been adequately
regulated by 2001 International Convention on Civil Liability for Bunker Oil Pollution
Damage which entered into force in 2008.
This paper analyses the reasons preventing 1996 HNS Convention to enter into
force as well as possible solutions to remove obstacles for its entering into force which
are offered by proposed Draft Protocol for amendments of the HNS Convention. In
this regard, a special emphasis is given to a number of advantages and disadvantages
identified which should be taken into account when considering the interests of the
Republic of Croatia in the HNS Convention ratification process.
Ključne riječi
pollution of sea by hazardous and noxious substances; compulsory insurance; direct action
Hrčak ID:
63272
URI
Datum izdavanja:
14.12.2010.
Posjeta: 2.148 *