India And The Convention On Supplementary Compensation

Civil Liability ConventionDisclaimer: IMO has endeavoured to make the data on this internet site as accurate as attainable but cannot take responsibility for any errors. B. that, where legally feasible in accordance with their national law, States Parties to the 1969 CLC accept CLC certificates issued by State Parties to the 1992 CLC as proof that a ship has insurance cover as required by the 1969 CLC. Note: The limits of liability below the a variety of regimes are primarily based on specified units of account (Particular Drawing Correct – SDR). Size is not relevant nor is there any provision in the Convention, as there is in some other conventions, such as the LLMC Convention in its art. These Parties that have not ratified the 1992 regime are nevertheless regarded Parties to CLC 1969.

Secondly, if, for example, the ship is bareboat chartered and pursuant to the charter celebration the owner is liable for bunker oil pollution harm — which would make sense, given that the owner is expected to preserve insurance or other economic safety to cover liability for pollution damage — claimants would nevertheless be entitled to bring a claim against the bareboat charterer, who apparently 17 is not expected to keep insurance coverage or financial security.

The outcome could be that exactly where the ship is bareboat chartered and its management is entrusted by the charterer to a manager, there would be 3 persons who need to keep insurance or other financial security, thereby tripling the insurance costs: a result that under the CLC has been avoided by channelling the liability to the registered owner.

Rather the purpose why in the CLC and in the HNS Convention the definition is restricted to the registered owner is that of channelling the liability to the registered owner only. This is to certify that there is in force in respect of the above-named ship a policy of insurance or other financial safety satisfying the needs of Write-up VII of the International convention on civil Liability for Oil Pollution Harm, 1969. IN WITNESS WHEREOF the undersigned becoming duly authorized by their respective Governments for that purpose have signed the present Convention.

B. Some 1969 CLC States have indicated that they would not insist on the carriage on board of a 1969 CLC certificate offered that the ship carries on board a 1992 CLC certificate and a 1969 CLC blue card addressed to a 1969 flag state. In terms of the Civil Liability Convention, pollution damage involves not only harm to the atmosphere (which covers mostly cleanup fees) but also loss of profit.