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Compulsory Insurance and Compensation for Bunker Oil Pollution Damage

Ling Zhu

Resumen/Descripción – provisto 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

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