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Compulsory Insurance and Compensation for Bunker Oil Pollution Damage
Ling Zhu
Resumen/Descripción – provisto por la editorial
No disponible.
Palabras clave – provistas por la editorial
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Disponibilidad
Institución detectada | Año de publicación | Navegá | Descargá | Solicitá |
---|---|---|---|---|
No detectada | 2007 | SpringerLink |
Información
Tipo de recurso:
libros
ISBN impreso
978-3-540-45900-2
ISBN electrónico
978-3-540-45903-3
Editor responsable
Springer Nature
País de edición
Reino Unido
Fecha de publicación
2007
Información sobre derechos de publicación
© Springer-Verlag Berlin Heidelberg 2007
Cobertura temática
Tabla de contenidos
Introduction
Palabras clave: International Convention; International Maritime Organi; Strict Liability; Civil Liability; Liability Insurance.
Pp. 1-6
Pollution from Ships’ Bunkers and the Advent of the Bunkers Convention
Palabras clave: Strict Liability; State Party; Fund Convention; Pollution Damage; Bunker Fuel.
Pp. 7-47
The Birth of Compulsory Insurance for Oil Pollution Liability
Shipowner may be required to maintain insurance or financial security to meet their potential liabilities on a national or international level. This is a main approach for covering shipowners’ financial responsibility under both international civil liability conventions and the OPA 90. The P&I Club is a mutual insurance association. “Mutual” means that the members contribute to a fund from which the losses or expenses suffered by them can be paid. Despite the emergence of other alternative means of providing insurance in the U.S. market, shipowners’ oil-pollution liability is predominantly insured by P&I Clubs. The Clubs routinely provide insurance for liabilities not readily available elsewhere on the insurance market. Externally, the Clubs have established cooperative relationships with other organisations as regards handling oil-pollution incidents and related liability issues.
Palabras clave: Financial Responsibility; International Maritime Organization; Financial Security; Pollution Damage; Responsible Party.
Pp. 49-80
Strict Liability and Insurance
Strict liability is the chosen liability rule in the Bunkers Convention, and insurance is also required. In practice, even where there is no legal duty to insure against liability, the liable person tends to voluntarily procure the insurance policy against such a large-scale liability. In earlier conventions, the person who can most easily be identified was chosen as the liable person and also the person to take out insurance. The answer to the questions of who shall be liable and who is in a better position to insure against liability under the Bunkers Convention is, however, novel to other civil liability conventions: the shipowner that includes a group of different persons is strictly liable for pollution damage; however, only the registered owner is required to take out insurance.
Palabras clave: Strict Liability; Liability Rule; Fund Convention; Pollution Damage; Liability Regime.
Pp. 81-109
Insurance and the Quest for Adequate Compensation
Palabras clave: Financial Security; State Party; Administrative Burden; Liability Insurance; Pollution Damage.
Pp. 111-144
Limitation of Liability and the Limit of Insurance
Palabras clave: Limitation Fund; Limitation Regime; Civil Liability; Liability Rule; Limitation Rule.
Pp. 145-169
Direct Action against the Insurer and its Limited Effect
Palabras clave: Insurance Policy; Insurance Contract; Liability Insurance; Fund Convention; Environmental Liability.
Pp. 171-198
Outlook on Insurance and Compensation for Bunker-Oil Pollution Liability
Palabras clave: Financial Security; Liability Insurance; Council Decision; Insurance Threshold; Pollution Damage.
Pp. 199-207
Summary of Study
Palabras clave: Financial Security; Strict Liability; Civil Liability; Liability Insurance; Pollution Damage.
Pp. 209-214