Protection of the marine environment through the international ship-source oil pollution compensation regimes

Review of European Community and International Environmental Law

Volumn 8, Issue 1, 1999, Pages 29-36

  Gauci, Gotthard M ^a  

^a SWANSEA UNIVERSITY   (United Kingdom)

Author keywords

[No Author keywords available]

Indexed keywords

ENVIRONMENTAL LEGISLATION; MARINE ENVIRONMENT; MARITIME TRANSPORTATION; POLLUTION CONTROL;

EID: 0033001005     PISSN: 09628797     EISSN: None     Source Type: Journal    
DOI: 10.1111/1467-9388.00175     Document Type: Article

References (12)

1. E.D. Brown, International Law of the Sea (Aldershot, Dartmouth, 1994), Vol. 1, 377.
2. Protocol Relating to the Convention for the Prevention of Pollution from Ships, London, 17 February 1978, in force 2 October 1983; (1978) 17 ILM 246; the 1973 Convention is reprinted in (1973) 12 ILM 1319.
3. The ISM Code (adopted in November 1993 at IMO by resolution A. 741 (18)) is now referred to in Chapter IX in the International Convention for the Safety of Life at Sea (SOLAS). For implementation into English law, see: Merchant Shipping (ISM Code) (Ro-Ro Passenger Ferries) Regulations 1997 (SI 1997 No. 3022); Merchant Shipping (International Safety Management (ISM) Code) Regulations 1998 (SI 1998 No. 1561). See also D. Osler, 'Swedish Club says the future is green', Lloyd's List, 20 August 1998, 6.
4. ISM Code, preamble, Article I.
5. The ISM Code has become obligatory 'as from 1st July 1998 in respect of all tankers, gas carriers, bulk carriers, passenger ships and cargo high-speed craft of 500 grt and above': IMO News, No. 2, 1998.
6. STCW Convention.
7. Regulation V/1. See also Article III of Convention (application) and Article X (port-state control).
8. For instance Clause 4 of the Institute Time Clauses - Hulls (1/11/95) provides: 'It is the duty of the Assured, Owners and Managers at the inception of and throughout the period of this insurance to ensure that: 4.1.1 the vessel is classed with a Classification Society agreed by the Underwriters and that her class within that society is maintained, 4.1.2 any recommendations requirements or restrictions imposed by the Vessel's Classification Society which relate to the Vessel's seaworthiness or to her maintenance in a sea-worthy condition are complied with by the dates required by that Society. 4.2 In the event of any breach of the duties set out in Clause 4.1 above, unless the Underwriters agree to the contrary in writing, they will be discharged from liability under this insurance as from the date of the breach provided that if the Vessel is at sea at such date the Underwriters' discharge from liability is deferred until arrival at her next port. 4.3 Any incident condition or damage in respect of which the Vessel's Classification Society might make recommendations as to repairs or other action to be taken by the Assured, Owners or Managers must be promptly reported to the Classification Society. 4.4 Should the Underwriters wish to approach the Classification Society directly for information and/or documents the Assured will provide the necessary authorisation'. For Protection and Indemnity Club requirements, see, for example, The London Steam-Ship Owners' Mutual Insurance Association Limited, Rules 1997-1998, Class 5, rule 8.
9. The International Tanker Owners Federation Limited (ITOPF) Oil Spill Database, March 1998.
10. London, 30 November 1990, in force 13 May 1995; (1991) 30 ILM 733.
11. This Convention came into force on 13 May 1995.
12. Brussels, 29 November 1969, in force 6 May 1975; UK Treaty Series No. 77 (1975), Cmnd. 6056; (1970) 9 ILM 25; IMO Doc. IMO-402E. See also the 1973 Protocol, London, 2 November 1973, in force 30 March 1983; (1983) UNTS 275 Cmnd. 8924.