International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea, 1996

Title abbreviation

HNS

Title (French)

Convention internationale de 1996 sur la responsabilité et l'indemnisation pour les dommages lies au transport par mer de substances nocives et potentiellement dangereuses

Place of adoption

London

Depository

IMO International Maritime Organization

Language

Arabic, Chinese, English, French, Russian, Spanish

Subject

Sea, Waste & hazardous substances

Keyword

Transport/storage Data collection/reporting Vessel ownership Radioactive waste Legal proceedings/administrative proceedings Resource/damage valuation Special fund Oil Hazardous waste Enforcement/compliance Liability/compensation Jurisdictional competence Hazardous substances

Abstract

Objectives: To adopt uniform international rules and procedures for determining questions of liability and compensation in respect of damage caused by incidents in connection with the carriage by sea of hazardous and noxious substances. Summary of provisions: Chapter I defines the terms covered by the Convention and the scope of its application, in respect of damage, claims, and ships. Chapter II concerns liability of the owner of the ship carrying hazardous and noxious substances who is entitled to limit his liability in accordance with art. 9, and is to constitute a fund for the total sum representing the limit of his liability, to be distributed amongst the claimants. Furthermore, the owner is to maintain insurance or other financial security to cover liability for damage under this Convention (art. 12), and is to be issued a compulsory insurance certificate to be allowed to trade under the flag of a Party. Chapter III provides for compensation by the International Hazardous and Noxious Substances Fund (HNS Fund) in cases where persons suffering damage have been unable to obtain full and adequate compensation under the terms of chapter II. Compulsory contributions to the HNS Fund are to be made by shipping industries and people with cargo interests, but State Parties may declare that they assume responsibility for obligations imposed on such persons (art. 23). When such persons do not fulfil the obligations in respect of any such contribution or any part thereof and are in arrears, action, including court action, may be taken against them on behalf of the HNS Fund with a view to recovery of the amount due (art. 22). Chapter IV deals with claims and actions, including prescription of the right to compensation, jurisdiction in respect of action against the owner or against the HNS Fund, and recognition and enforcement of judgements. Institutional mechanisms: The International Hazardous and Noxious Substances Fund (HNS Fund) is established (art. 13). It has an Assembly and a Secretariat, headed by a Director (art. 24).

Full text

English  

Website

www.imo.org

* [1] Ratification [2] Accession/approbation [3] Acceptance/approval [4] Succession [5] Consent to be bound [6] Definite signature

References - Treaties

Cites

International Convention for the Prevention of Pollution from Ships (MARPOL) as modified by the Protocol of 1978 (MARPOL 73/78)

Treaty | Multilateral | London | Feb 17, 1978

Keyword: Court/tribunal, Enforcement/compliance, International relations/cooperation, Monitoring, Dispute settlement, Certification, Transport/storage, Marine pollution (dumping at sea), Marine pollution (ship-based sources), Maritime zone, Resource/damage valuation, Offences/penalties, Data collection/reporting, Hazardous substances, Survey/mapping, Inspection, Standards, Liability/compensation, Oil pollution, Navigation, Oil

Source: IUCN (ID: TRE-000112)

International Convention for the Prevention of Pollution from Ships

Treaty | Multilateral | London | Nov 2, 1973

Keyword: Transport/storage, Marine pollution (dumping at sea), Data collection/reporting, Survey/mapping, Court/tribunal, Monitoring, Oil pollution, Resource/damage valuation, Oil, International relations/cooperation, Navigation, Enforcement/compliance, Dispute settlement, Certification, Inspection, Liability/compensation, Maritime zone, Hazardous substances, Offences/penalties, Standards, Marine pollution (ship-based sources)

Source: IUCN (ID: TRE-000113)

International Convention on Civil Liability for Oil Pollution Damage

Treaty | Multilateral | Brussels | Nov 29, 1969

Keyword: Navigation, Liability/compensation, Oil pollution, Polluter pays principle, Transport/storage

Source: IUCN (ID: TRE-000120)

Cited by

International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001

Treaty | Multilateral | London | Mar 23, 2001

Keyword: Jurisdictional competence, Enforcement/compliance, Registration, Certification, Marine pollution, Liability/compensation, Oil pollution, Vessel ownership

Source: IUCN (ID: TRE-001377)

Nairobi International Convention on the Removal of Wrecks

Treaty | Multilateral | Nairobi | May 18, 2007

Keyword: Oil pollution, High seas, Wild fauna, Marine area, Marine fisheries, Marine pollution (ship-based sources), Wild flora, Hazardous substances, Marine pollution, Navigation

Source: IUCN (ID: TRE-160031)

Other references

Literature

10 records related to this treaty. View literature