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Abbreviations XV
Introduction 1
The aim of the research 3
The scope of the research 3
Methods used for the research 5
Pollution from Ships' Bunkers and the Advent of the Bunkers Convention 7
A brief history of the development of the oil spill civil liability system 7
Tovalop and Cristal 8
International Conventions 10
The need for the Bunkers Convention 13
The scope of earlier conventions 13
National legislation and the background work on the Bunkers Convention 14
Risk and technical considerations 18
The birth of the Bunkers Convention 20
Overview of the Bunkers Convention 20
Categories of ships 20
"Ship" 20
Does the Bunkers Convention apply to oil tankers? 20
"Warships" 21
"Oil" 22
Scope of application 23
Liability established by the Bunkers Convention 26
Liable parties 26
Channelling of liability 27
Shipowners' liability is joint and several 29
The basis of liability and exonerating circumstances 30
Limitation of Liability 32
Compulsory insurance and direct recourse 33
Three prerequisite factors 34
"Registered owner of a ship" 34
"Gross tonnage" - insurance threshold 35
"In an amount equal to the limits of liability..." amount of limitation 38
Insurance certificate and its recognition 39
Direct action against the insurer 40
Time limit for bringing an action 41
Jurisdiction, recognition and enforcement 42
Other matters 44
Adopted resolutions 45
Concluding remarks 47
The Birth of Compulsory Insurance for Oil Pollution Liability 49
Introduction 49
The concept of compulsory insurance 50
Development of the concept of compulsory insurance 50
The system of insurance 52
Compulsory insurance as defined in international civil liability conventions 52
Insurance or other financial securities 53
The need for compulsory insurance for bunker-oil pollution liability 53
Possible insurers 55
The types of marine insurance and their coverage 55
Cargo insurance and its coverage 56
Hull insurance and its coverage 57
Freight insurance and its coverage 59
Protection and Indemnity Insurance 59
Brief introduction 59
The main risks covered by the P&I Club 60
Insurance contract between the shipowner and the Club 62
The International Group of P&I Clubs 64
The insurers offering coverage for oil-pollution liability 65
The P&I Clubs 65
Pollution liability clause 66
Limitation of liability terms 67
The role of the P&I Club with regard to an oil-pollution incident 68
Oil-pollution liability insurer 68
Measures for an oil-pollution incident taken by the Clubs 69
Clean-up or salvage operation 69
Source of funding 70
Providing legal advice 70
Interaction with other international organisations 71
The legal framework of the IMO conventions 71
Cooperation with the IOPC Fund 72
Technical assistance from the ITOPF 72
Other insurers offering OPA insurance 73
Financial responsibility requirement in the OPA 90 74
The concerns of the P&I Clubs to be the guarantors 76
Some alternative ways of meeting financial responsibility requirements 77
Concluding remarks 79
Strict Liability and Insurance 81
Introduction 81
The basis of liability in the Bunkers Convention 82
The difficulties in applying the common law of torts 82
Trespass 83
Nuisance 83
Negligence 84
Fault-based liability leads to unfair results for pollution victims 86
Strict liability and its application 88
The main reasons for introducing strict liability 90
Ensuring protection of and compensation for victims 90
The impact on the industry 91
The industry bears the cost of pollution damage 91
Incentive to improve prevention of marine pollution 92
Distribution of liability and exceptions to liability 93
Who shall be liable? 93
Provisions in the CLCs 94
Liability of the cargo interest 94
Liability of the ship 95
The second-tier liability of the cargo-owner 96
Liability rule under the Bunkers Convention 97
Exceptions to liability 97
Types of exceptions in general 98
Exceptions available to the shipowner in the Bunkers Convention 99
Channelling of liability 103
Implementation of liability: insurance 105
Proposals during the preparatory work of the Convention 105
Two alternative means 107
Separate insurance policies 107
Co-assurance under one policy 108
Concluding remarks 109
Insurance and the Quest for Adequate Compensation 111
Introduction 111
Certification of insurance 111
Basic requirements in the Bunkers Convention 111
Administrative burden corollary to the issuance of the certificate 112
The administrative burden of the flag States 113
Port State control regarding the certificate 118
Electronic means for the certificate 118
The validity of the certificate 119
Availability and capacity of insurance for bunker-oil spill liability 121
Other related issues 123
"Polluter pays" principle 123
The significance of Art. 7(8) and financial standing of providers of insurance or financial security 125
Mutuality 128
The meaning of mutuality 128
Role of mutuality 129
The ability to absorb large claims 129
Possible motivation for risk minimisation 130
Liability insurance and compensation fund 131
Adequacyand other types of compensation 132
The willingness of P&I Clubs to increase their coverage limit 133
The compensation paid by the cargo interests 134
Compensation paid by other jointly liable persons 136
"Joint and several liability" rule in relation to the compensation purpose 136
Bareboat charterer 137
"Demise charterer" or "bareboat charterer"? 137
The insurance of the bareboat charterer 137
Operator and manager 139
Liability as the time or voyage charterer 140
Definitions 140
Compensation paid by the time or voyage charterer 140
State liability and contributions 141
Concluding remarks 143
Limitation of Liability and the Limit of Insurance 145
Introduction 145
The global limitation of liability system in relation to ships 146
Limitation of liability rule in general 146
The 1957 Convention, 1976 LLMC and its 1996 Protocol relating to tanker-oil pollution liability 150
Limitation rules in the Bunkers Convention 152
Pollution damage eligible for limitation 153
Pollution damage arising from a bunker-oil spill 153
The claims subject to limitation under the 1976 LLMC and its Protocol 154
The amount of the funds available under the LLMCs 157
Other aspects relevant to claims for bunker-oil spill liability under the 1976 LLMC and its Protocol 159
Conduct barring the right to limit 159
Constitution and distribution of the limitation fund 160
The right to limit liability 161
The reasons for maintaining the right to limit 161
Unsatisfactory outcome of the limitation regime 162
The relation of limitation of liability and insurance 164
The insurability and limitation of liability 164
The possibility to have a unlimited liability 166
Concluding remarks 169
Direct Action against the Insurer and its Limited Effect 171
Introduction 171
Rights of a third party to claim on the insurance policy 172
Assignment 172
Direct-action statutes 174
English law 175
United States legislation 177
The limited effect of direct action under P&I insurance 178
Coverage and exclusions of P&I insurance 179
P&I insurance is one of indemnity 179
"Pay to be paid" rule 181
Other defences of a Club against the claim from a third party 182
Direct-action right under the Bunkers Convention 182
"The defences...which the shipowner would have been entitled to invoke" 184
Meaning of the phrase "wilful misconduct of the shipowner" 185
Interpretation of "wilful misconduct" in relation to limitation of liability 185
Interpretation of "wilful misconduct" in insurance law 188
The determination of a competent court 188
"Wilful misconduct in P&I insurance 188
"Wilful misconduct" in Article 7(10) 189
Scope of the claim: pollution damage 190
The uncertain nature of liability for pollution 190
"Pollution damage" in tanker-oil spill incidents 191
CMI guidelines on oil-pollution damage 192
The policy adopted by the IOPC Fund 193
Viewpoint of the P&I Clubs 195
Pollution damage under the Bunkers Convention 195
Recourse action 196
Concluding remarks 198
Outlook on Insurance and Compensation for Bunker-Oil Pollution Liability 199
Introduction 199
Main interests in the insurance system 200
Victims: "Loss of cover" and full compensation 200
Loss of cover 200
"Small ship" issue 201
Adequate compensation 201
The P&I Clubs: maintaining their sustainable development 203
Shipowners: the central actor 203
The comparison of the insurer's exposure to the CLCs and the Convention 204
The types of ships involved 205
The number of ships involved 205
The limitation of liability 205
Concluding remarks 206
Summary of Study 209
The concept of compulsory insurance and its compensation purpose 211
Other features of the Bunkers Convention and their interrelations with compulsory insurance 213
Bibliography 215
Literature 215
Documents 223
Text of the Bunkers Convention 227
Index 239
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Add Compulsory Insurance and Compensation for Bunker Oil Pollution Damage, Oil tankers are not solely to blame for pollution at sea. Non-tankers have released numerous spills. The International Convention on Civil Liability for Bunker Oil Pollution Damage has been adopted, but has not yet come into force. This timely and compreh, Compulsory Insurance and Compensation for Bunker Oil Pollution Damage to the inventory that you are selling on WonderClubX
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Add Compulsory Insurance and Compensation for Bunker Oil Pollution Damage, Oil tankers are not solely to blame for pollution at sea. Non-tankers have released numerous spills. The International Convention on Civil Liability for Bunker Oil Pollution Damage has been adopted, but has not yet come into force. This timely and compreh, Compulsory Insurance and Compensation for Bunker Oil Pollution Damage to your collection on WonderClub |