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Compensation System for Damage under HNS Convention

Author: YuHaiNing
Tutor: ZhangLiYing
School: China University of Political Science
Course: International Law
Keywords: HNS Convention Toxic and hazardous substances Double compensation mechanism Draft Protocol
CLC: D99
Type: Master's thesis
Year: 2010
Downloads: 93
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Abstract


Specifically the issue of compensation in the existing international conventions for maritime transport of dangerous goods (excluding oil transportation) in 1996, only \were provided. Of the Convention established under the full damages to double compensation mechanism as the core system, by the shipowner first compensation, toxic and hazardous substances Fund complemented by the consignee assessments formed the second level of compensation, attribution of responsibility borne by the strict liability, can be more effectively safeguard the interests of the injured party, and can be more equitable balance between the shipowner and the consignee's risk-sharing obligations, to meet the needs of all parties, which for the international The establishment of the maritime transport of toxic and hazardous substances damages system is of great significance, worthy of further study. However, the Convention itself shortcomings, since its inception in 1996, the delay effect. With the increase in the transport of toxic and hazardous substance pollution incidents in the international Shanghai, the resulting damages are more and more cases to solve the controversy in the Convention as soon as possible to promote the entry into force of the Convention, the establishment of internationally harmonized damages system is imminent. The active efforts of the countries of the world, the International Maritime Organization (IMO) Legal Committee in April 2009 approved the draft HNS Protocol, designed to make the entry into force of the Convention, and submitted to the IMO Council meeting held in June 2009 approved the 2010 Diplomatic Conference convened as soon as possible to consider the draft Protocol, to formal adoption. 1 of strength in the maritime increasing participation in international maritime activities of noxious substances have continued to increase, but the provisions of the domestic law damages system is not sound, needs to be improved, the lack of research in this area, In order to improve the laws and institutions of our country in this regard as soon as possible, as soon as possible effective maintenance of the interests of the marine environment in China, it is necessary to study the maritime transport under the HNS Convention toxic and hazardous material damage compensation mechanism for our country to make decisions whether or not to accede to the Convention reference. This paper is divided into four parts, about 30,000 words. The first part is mainly an overview of the HNS Convention. Talk about the background from the Convention, indicating the necessity and timeliness of the birth of the Convention, and also introduced the basic concepts in the Convention, the application of the Convention, and summarizes the main features of the Convention, which laid the foundation for a comprehensive understanding of the Convention. The second part details the damages under the Convention mechanisms, including the mechanism of the main sources and liability, liability based on the scope of compensation, limitation of liability and compensation fund and so on. The third part introduces the analysis and the new draft Protocol to the Convention modify and improve the HNS Convention in the latest development in recent years, including the Convention has not been effective. The fourth part introduces the legal reference of the Convention, first of all examine our current system of domestic law the relevant provisions of the maritime transport of toxic and hazardous substances damages, followed by an analysis of China's accession to the Convention in real-world conditions and impact, whether to accede to the Convention consideration, and finally to make recommendations for necessary preparations for accession to the Convention should do.

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