Yearbook of International Environmental Law - Vol. 7

By Günther Handl; Jutta Brunnée et al. | Go to book overview
As to the form the Draft Code will ultimately take (convention, resolution, etc.), the ILC sent the Code to the General Assembly with the recommendation that it select the most appropriate form that would ensure the widest possible acceptance of the Draft Code.Stephen McCaffrey
7. INTERNATIONAL MARITIME ORGANIZATION (IMO)

(1) Diplomatic Conference to Adopt the (→) International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea (HNS Convention)

(a) HNS Convention
After several years of sometimes arduous negotiations, the HNS Convention was adopted on 3 May, at the end of a three-week conference held at IMO headquarters, attended by 73 countries and representatives of governmental and nongovernmental international organisations. The purpose of the HNS Convention is to provide compensation for victims of accidents involving hazardous substances. The Convention covers damage to persons, property, and the environment caused by pollution, fire, and explosion. The maximum total amount of compensation payable by the shipowner and the fund combined for any one incident is 250 million SDRS.
(i) Scope of Application
The Convention applies to any damage within the territory (including the territorial sea) of a state party; to damage by contamination of the environment caused in the exclusive economic zone (EEZ) of a state party, or if it has not established an EEZ, within 200 nautical miles from its shoreline; to damage other than by contamination of the environment outside the territory of any state if caused by a substance carried on board a ship registered in a state party or flying its flag; and to preventive measures, wherever taken.
(ii) Substances and Damage Covered
The substances covered are indicated by reference to lists of substances in preexisting instruments and include:
oils carried in bulk listed in appendix I of Annex I to the International Convention for the prevention of Pollution from Ships, as modified by the Protocol of 1978 relating thereto (MARPOL 73/78), as amended;
noxious liquid substances carried in bulk referred to in Appendix II, Annex II to MARPOL 73/78;

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