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International Maritime Conventions Volume III: Protection of the Marine Environment

Page 465

Index

Index

  • Africa, West and Central 99–100
  • agents: hazardous and noxious substances: liability and compensation (1996 Convention) 220, 223; oil pollution damage, civil liability for (CLC 1992) 131, 133, 141, 142
  • air pollution from ships: MARPOL 73/78 30, 37
  • air-cushion vehicles 24, 31
  • air-cushioned craft 43
  • arbitration: intervention on high seas (1969 Convention and 1973 Protocol) 16–17; wrecks, removal of (2007 Convention) 97, 98
  • Asia/Pacific Region 99
  • audit, waste prevention 48
  • Australia 9, 193, 194, 196–7
  • ballast tank, corrosion prevention of seawater 39
  • ballast water and sediments (2004 Convention) 55, 101; achieving purpose, manner of 58–9; burden of proof 58; ‘harmful aquatic organisms and pathogens’ 58; implementation 59–61; inspection 59; MARPOL 73/78 and 32; recourse, right of 195; scope of application 55–8; ‘sediments’ 32, 58
  • Baltic Sea area 35
  • bank guarantee 88, 139, 146, 222–3, 225
  • bareboat charter registration 56
  • bareboat charterer: civil liability for bunker oil pollution damage (2001 Convention) 193, 194–5, 199; civil liability for oil pollution damage (CLC 1992) 130, 133; hazardous and noxious substances: liability and compensation (1996 Convention) 220
  • Belgium 5–6, 127
  • black, grey and white list 105
  • Black Sea area 35, 100
  • bulk carriers 39
  • bunker oil and HNS Convention 1996 212
  • bunker oil pollution damage, civil liability for (2001 Convention) 101, 189; basis of liability 196; burden of proof 195; enforcement of judgments 206–7; exclusions from liability 196; geographical scope 190; insurance or
  • other financial security 93, 195, 199–205; international validity of certificate 203; jurisdiction 206; language of certificate 202; limitation of liability 93, 196–9; ‘oil’ 190–1; parties to 189; person(s) liable 192–5; recognition of judgments 206–7; scope of application 190–2; ‘ship’ 190, 191, 203; ‘shipowner’ 193–4; supersession clause 207; time limits 202, 205–6; time for suit 205–6; wrecks, removal of (2007 Convention) 93, 94, 95
  • bunker oil pollution damage and CLC 1992 121
  • burden of proof: ballast water and sediments (2004 Convention) 58; bunker oil pollution damage, civil liability for (2001 Convention) 195; dumping of wastes (1972 Convention as amended by 1996 Protocol) 46; Fund Convention 1992 163, 166–7, 179; HNS Convention 1996 218–19, 237; intervention on high seas 11, 20; MARPOL 73/78 31; oil pollution damage, civil liability for (CLC 1992) 121, 135, 138, 139–40, 142, 143, 166; wrecks, removal of (2007 Convention) 93
  • Cameroon 11
  • Canada 209–10, 244; civil liability for oil pollution 131, 193, 194, 196–7; intervention on high seas 4–5, 9, 10, 12, 13, 14, 15–16
  • Caribbean 99
  • certificates: insurance or other financial security: Bunker Oil Convention 2001 201–4; insurance or other financial security: CLC 1992 144–50, 151–2; insurance or other financial security: HNS Convention 1996 225–9, 230; insurance or other financial security: wrecks (2007 Convention) 95, 96; MARPOL 73/78 30, 33–4, 36, 37; SOLAS Convention 1974 39
  • charts, nautical 135
  • chemical tankers 72, 74–5
  • civil law countries 131, 153, 170
  • classification societies 132
  • Coastguard vessels 44
  • common law countries 153, 170

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    compensation: bunker oil pollution damage, civil liability for (2001 Convention) see separate entry; hazardous and noxious substances: liability and compensation (1996 Convention) see separate entry; intervention on high seas (1969 Convention and 1973 Protocol): for damage caused by measures taken 15–16; oil pollution damage, civil liability for (CLC 1992) see separate entry; oil pollution damage and Fund Convention see separate entry; port state control: European Directive 2009/16/EC 109
  • conciliation: intervention on high seas (1969 Convention and 1973 Protocol) 16–17; wrecks, removal of (2007 Convention) 97
  • construction and equipment of ships: SOLAS Convention 1974 – dangerous goods 40
  • consultation: dumping of wastes (1972 Convention as amended by 1996 Protocol) 49; intervention on high seas (1969 Convention and 1973 Protocol) 10–13, 25, 26, 49; removal of wrecks (2007 Convention) 83, 87, 90, 91
  • Cook Islands 137
  • crew: HNS Convention 1996 220, 223; intervention on high seas (1969 Convention and 1973 Protocol) 13; oil pollution damage, civil liability for (CLC 1992) 131–2, 141; standards of training, certification and watchkeeping for seafarers (1978 Convention) see separate entry
  • criminal law: MARPOL 73/78 33
  • Cyprus 208
  • dangerous goods: European Traffic Monitoring and Information System Directive 111–12; SOLAS Convention 1974 40
  • dangerous or polluting goods: traffic monitoring and information system (Directive 2002/59/ EC) 111–14; see also hazardous and noxious substances
  • data recorder system 104, 109
  • Denmark 209–10, 244
  • deregistration 81
  • detention of ships: MARPOL 73/78 34, 103; port state control: European Directive 2009/16/EC 109; port state control: Paris MoU 104
  • dispute settlement: intervention on high seas (1969 Convention and 1973 Protocol) 16–17; removal of wrecks (2007 Convention) 87, 97–8
  • dumping of wastes (1972 Convention as amended by 1996 Protocol) 41–2; activities regulated 44–5, 80; annual reports 51, 53–4; ashore, disposal from 45; ‘dumping’ 43, 45; human health 49; human life, safety of 48, 49; implementation 50–1; incineration 44, 45; MARPOL 73/78 and 32, 37; monitor condition of seas 50, 52; obligations of contracting parties 46–9; parties to 41; permits 47–8, 49, 50–3; polluter bears cost 46, 47; precautionary approach 46, 48; purpose 41-–2; records 50, 52;
  • reports to IMO 51, 53–4; scope of application 43–4, 56; sovereign immunity 44; ‘vessels and aircraft’ 43–4; ‘wastes or other matters’ 37, 45
  • ejusdem generis rule 132, 146
  • employees: hazardous and noxious substances: liability and compensation (1996 Convention) 220, 223; oil pollution damage, civil liability for (CLC 1992) 131, 141, 142
  • enforcement of judgments: Bunker Oil Convention 2001 206–7; CLC 1992 154; HNS Convention 1996 240–1
  • estuaries 9, 58, 82
  • European Union: port state control 100, 106–10; salvage 113–14; traffic monitoring and information system 111–14
  • exclusive economic zone 83, 113, 123, 125–6, 138, 161, 190, 215, 216, 222, 238–9, 240
  • experts: intervention on high seas and optional advice 12
  • harmful aquatic organisms and pathogens 58
  • hazard to navigation: removal of wrecks (2007 Convention) 79, 81–3
  • hazardous and non-hazardous deficiencies: port state control 103–4, 109
  • hazardous and noxious substances: 1996 Convention see hazardous and noxious substances: liability and compensation; intervention on high seas: other substances (1973 Protocol) 17–22; MARPOL 73/78 29, 36; Protocol of 2000 to 1990 OPRC Convention 26–8; SOLAS Convention 1974 40; see also dangerous or polluting goods
  • hazardous and noxious substances: liability and compensation (1996 Convention) 27, 125–6; amendment of limits 247–8; area in which the damage caused 215–16; basis of liability 218–19; burden of proof 218–19, 237; channelling of liability 220; ‘damage’ 211; enforcement of judgments 240–1; entry into force 246–7;

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    exclusions from scope of application 216–18; final clauses 244–8; history 208–10; insurance of owner 149, 224–30; International HNS Fund 231–6, 239–40; international validity of certificate 228–9; jurisdiction 238–40; language of certificate 228; liability of owner 218–30; limit, loss of right to 224; limitation of actions 236–8; limitation fund 222–4; limitation of liability of owner 220–4, 247–8; nature of the damage 211-–12; ‘owner’ 218; recognition of judgments 240–1; scope of application 210–18; ‘ship’ 215; signatures 244; structure of 210; submission of data on total quantities of contributing cargo 244–6; subrogation, right of 223, 241–2; substances causing the damage 212–15; supersession clause 207, 243; termination 248; time limits 227, 236–8, 247, 248; transitional provisions 243; withdrawal of the consent to be bound 246; wrecks, removal of (2007 Convention) 94
  • hazardous ships, monitoring of (Directive 2002/59/EC) 112–13
  • high seas: hazardous and noxious substances: liability and compensation (1996 Convention) 239; jurisdiction (1958 Convention) 4, 6; oil pollution casualties: intervention on high seas (1969 Convention) see separate entry; other substances: intervention on (1973 Protocol) 17–22
  • history: civil liability for oil pollution damage (CLC 1992) 117–19; Fund Convention 156–60; HNS Convention 1996 208–10; oil pollution casualties: intervention on high seas (1969 Convention) 3-–4; other substances: intervention on high seas (1973 Protocol) 17–19
  • hospital ships 44
  • hydrofoil boats 24, 31
  • immunity, sovereign 44, 57, 121, 192
  • incineration see dumping of wastes (1972 Convention as amended by 1996 Protocol)
  • Indonesia 11
  • information: dangerous goods, transport of (Directive 2002/59/EC) 112; port state control: information system on inspections (Paris MoU) 105–6; to coastal states on hazardous ships (Directive 2002/59/EC) 112–13
  • inspection of ships: ballast water and sediments (2004 Convention) 59; MARPOL 73/78 33–4, 35; port state control: European Directive 2009/16/EC 107–9; port state control: Paris MoU 99, 102–6
  • insurance or other financial security 145; bunker oil pollution damage, civil liability for (2001 Convention) 93, 195, 199–205; hazardous and noxious substances: liability and compensation (1996 Convention) 149, 224–30; oil pollution damage, civil liability for (CLC 1992) 95, 122, 141, 143–52; wrecks, removal of (2007 Convention) 88, 91, 92, 93, 95–6, 145
  • insurance or other financial security (CLC 1992) 95, 141, 143–52; conditions of issue and validity of certificate 150; direct action against insurer or guarantor 150–1; evidence 146–8; international validity of certificate 150; language of certificate 149; nature and amount of security required 146; oil, definition of 122; party who is bound to insure 145–6; period of validity of certificate 149–50; ships owned by contracting State 151–2; sum insured or secured 146
  • interest 139, 168, 169, 178
  • International Chamber of Shipping 194
  • International Fund 156–60; administration of 180–2; amount of compensation available 167-–70; burden of proof 163, 166–7, 179; contributions to 174–80; cooperation of contracting States 179; currency in which contributions must be paid 176; distribution where claims in excess of compensation payable 170; due date for contributions 179; establishment of 161; extinction of right to compensation 170–1; intervene in proceedings, right to 173–4; invoices 179; jurisdiction 171-–4; organisation of 180–2; owner has not constituted a fund and payment from 170; rules on payment of compensation 162–74; scope of application 161; time limits 170–1, 179, 180; when compensation not due from 165–7; when judgment or settlement not binding on 173
  • International Group of P&I Clubs 139, 194
  • International HNS Fund 231–6; amount of compensation payable by 233–5; budget 235; conditions required for the payment by 232; contributions 235–6; establishment 231; judgments against 241; jurisdiction 239–40; when payment of compensation is not due 232
  • International Labour Organization (ILO) 106
  • International Monetary Fund (IMF) 135, 136–7
  • intervention on high seas: oil pollution casualties: intervention on high seas (1969 Convention) see separate entry; other substances (1973 Protocol) 17–22
  • Ireland 5, 193, 194
  • Italy 81, 134
  • Japan 9, 129
  • joint and several liability 130, 194–5
  • jurisdiction: bunker oil pollution damage, civil liability for (2001 Convention) 206; Fund Convention 1992 171-–4; high seas, vessels sailing on 4, 6; HNS Convention 1996 238–40; oil pollution damage, civil liability for (CLC 1992) 138, 140, 153–4
  • Latin America Region 99
  • Liberia 208
  • liquefied gas tankers 40, 76–7

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    Malta 193, 194
  • MARPOL 73/78: prevention of pollution from ships 29–30, 101, 106, 111; detention of ships 34, 103; ‘discharge’ 32; general obligations of State parties 32–3; general scope of application 30–1, 56; ‘harmful substance’ 32; inspection of ships 33–4, 35; main purpose 31–2; national law 33; ‘ship’ 31; summary of annexes 35–7
  • mediation: removal of wrecks (2007 Convention) 97
  • Mediterranean Sea area 35, 100
  • Monaco 137
  • monitoring: condition of seas: dumping of wastes (1972 Convention as amended by 1996 Protocol) 50, 52; hazardous goods (Directive 2002/59/EC) 112–13
  • national law: ballast water and sediments (2004 Convention) 60; dumping of wastes (1972 Convention as amended by 1996 Protocol) 42, 43; Fund Convention 1992 171, 173, 179; hazardous and noxious substances: liability and compensation (1996 Convention) 225; MARPOL 73/78 33; oil pollution damage, civil liability for (CLC 1992) 141, 144, 153; wrecks, removal of (2007 Convention) 87, 88, 95
  • nautical charts 135
  • naval/fleet auxiliaries 31, 44, 57, 107, 111, 191, 192, 217
  • Netherlands 16, 165, 209–10, 244; civil liability for oil pollution 128–9, 193, 194, 196
  • New Zealand 16
  • non-persistent oil 8, 122
  • Norway 152, 165, 193, 194, 196–7, 209–10, 244
  • notification: Bunker Oil Convention 2001 202; dangerous polluting goods carried on board (Directive 2002/59/EC) 112; Fund Convention 1992 171, 173; hazardous and noxious substances: liability and compensation (1996 Convention) 217; intervention on high seas (1969 Convention and 1973 Protocol) 10–11, 12–13, 26; port state control: Paris MoU 99, 105; wrecks, removal of (2007 Convention) 83, 86, 91, 92
  • nuclear damage 94; see also radioactive material
  • offshore units 24, 28
  • oil pollution and MARPOL 73/78 29, 30, 35–6
  • oil pollution casualties: intervention on high seas (1969 Convention) 111; arbitration 16–17; ‘coastline’ 8–9; compensation for damage caused by measures taken 15–16; conciliation 16–17; conditions 7–10, 82; crew 13; geographic scope 6; guidelines for selection of measures 13–15; history 3–4; human life, avoid risk to 13; ‘maritime casualty’ 4–6; obligations of State that takes measures 10–15, 25–6, 49; ‘oil’ 8; OPRC Convention 1990: possible conflict with 23, 24–6; other substances (1973 Protocol) 17–22, 27; parties to 19; relationship between Protocol and Convention 20–1; scope of application 4–7, 20; ‘ship’ 6–7; time limits 17, 22; updating list of other substances 21–2; voluntary discharge of oil 5
  • oil pollution damage, civil liability for (CLC 1992) 46, 117–19, 216; ‘agent’ 131; amendment of the limits 137–8; basis of liability 133–5; bunker oil of dry cargo ships 189; burden of proof 121, 135, 138, 139–40, 142, 143, 166; channelling of liability 128–33, 141, 142, 195; ‘charterer’ 130, 133; conflict with other conventions 155; ‘crew’ 131–2; enforcement of judgments 154; geographical scope 125–6; intervention on high seas (1969 Convention) 15–16; jurisdiction 138, 140, 153–4; liability insurance 95, 122, 141, 143-–52; limit, loss of right to 142–3; limitation fund 138–40, 154; (distribution of) 140–2, 154; limitation of liability of owner 135–40, 142–3, 221–2; ‘manager’ 133; ‘oil’ 8, 121, 122; ‘operator’ 133; ‘owner’ 127–8; person liable 127–33; ‘pollution damage’ 122–5; reasonability concept 124; recognition of judgments 154; scope of application 119–26; ‘servant’ 131; ‘ship’ 119–21; strict but not absolute liability 134; subrogation rights 141; supersession clause 207; time limits 137, 152–3; wrecks, removal of (2007 Convention) 93, 94
  • oil pollution damage and Fund Convention 140, 142, 156–60, 216; bunker oil of dry cargo ships 189; International Fund see separate entry; Supplementary Fund 160, 182–8
  • oil pollution preparedness, response and cooperation (1990 OPRC Convention) 23, 82; comparison of 2000 Protocol with 27–8; geographic scope 24; hazardous and noxious substances: 2000 Protocol 26–8; parties to 23, 27; possible conflict between Intervention Convention and 23, 24–6; scope of application 23–4, 123; ‘ship’ 24
  • oil tankers 39, 72, 73–4, 103
  • P&I Clubs 139, 194
  • passenger ships 189, 226–7
  • permits: dumping of wastes (1972 Convention as amended by 1996 Protocol) 47–8, 49, 50–3
  • Poland 163
  • polluter bears cost 46, 47
  • port state control: European Directive 2009/16/ EC; classification of ships 108; compensation 109; detention of ships 109; inspections 107–9; origin and purpose 106–7; refusal of access 109–10; ‘ship’ 107; ships to which it applies 107; time limits 108
  • port state control: Paris MoU 99–100, 108, 109; black, grey and white list 105; classification of ships 103; criteria for adherence to 100–1; detention of ships 104; duties and powers of port authorities 103–5; information system 105–6; inspections 99, 102–6; organisational structure 101; refusal of access 105, 110; ships to which it applies 102; signatories of 99; time limits 103, 104, 105

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    port state control agreements 99–100; port state control: European Directive 2009/16/EC see separate entry; port state control: Paris MoU see separate entry
  • precautionary approach: dumping of wastes (1972 Convention as amended by 1996 Protocol) 46, 48
  • proportionality: intervention on high seas (1969 Convention and 1973 Protocol) 13, 14–15; removal of wrecks (2007 Convention) 81
  • radioactive material 211–12, 216–17
  • records: ballast water and sediments (2004 Convention) 59; dumping of wastes (1972 Convention as amended by 1996 Protocol) 50, 52
  • registration of ships 56, 81, 99; bareboat charter registration 56; Flag and State of 43
  • reporting: dumping of wastes (1972 Convention as amended by 1996 Protocol) 51, 53–4; Fund Convention 1992: contributions 174–5; incidents and accidents at sea (Directive 2002/59/EC) 113; removal of wrecks (2007 Convention) 89
  • Romania 16
  • Russian Federation 208; see also Soviet Union
  • safety of life at sea (1974 SOLAS Convention) 38–40, 100, 106, 111
  • salvage 44; EU: ships in need of assistance 113–14; hazardous and noxious substances: liability and compensation (1996 Convention) 220; oil pollution, civil liability for (CLC 1992) 133; oil, voluntary discharge of 5; ‘vessel’ 119–20; wrecks, removal of (2007 Convention) 81, 82, 87, 92–3
  • Scandinavian delegations 127, 163; see also Denmark; Finland; Norway; Sweden
  • Scotland 164
  • sewage from ships: MARPOL 73/78 30, 37
  • ship, meaning of: bunker oil pollution damage, civil liability for (2001 Convention) 190, 191, 203; HNS Convention 1996 215; intervention on high seas (1969 Convention and 1973 Protocol) 6–7; MARPOL 73/78 31; oil pollution damage, civil liability for (CLC 1992) 119–21; oil pollution preparedness, response and cooperation (1990 OPRC Convention) 24; port state control: European Directive 2009/16/ EC 107
  • ships, prevention of pollution from (MARPOL 73/78) 29–30, 101, 106, 111; detention of ships 34, 103; ‘discharge’ 32; general obligations of State parties 32–3; general scope of application 30–1, 56; ‘harmful substance’ 32; inspection of ships 33–4, 35; main purpose 31–2; national law 33; ‘ship’ 31; summary of annexes 35–7
  • slot charterer 133
  • South Africa 193, 194, 196–7
  • sovereign immunity 44, 57, 121, 192
  • sovereignty, State 16
  • Soviet Union: civil liability for oil pollution 128, 134, 135; intervention on high seas 13, 16; see also Russian Federation
  • Spain 6
  • Special Drawing Rights (SDRs) 135–7, 157
  • standards of training, certification and watchkeeping for seafarers (1978 Convention) 101; chemical tankers 72, 74–5; emergency, occupational safety, security, medical care and survival functions 77–8; engine department 67–72; liquefied gas tankers 76–7; master and deck department 63–6; oil tankers 72, 73–4; ports of State party 62; special requirements 72–7; watchkeeping 78
  • State owned or operated ships used for noncommercial purposes 31, 44, 57–8, 107, 111, 121, 166, 191-–2, 217
  • structure of ships: SOLAS Convention 1974 39, 40
  • submersibles 24, 31
  • subrogation rights 141–2, 223, 241–2
  • supersession clause 207, 243
  • Supplementary Fund 160; contributions to 187–8; entry into force and claims in respect of which available 183–4; establishment of 182–3; extinction of right to compensation 186; rules governing payment by 184–6
  • surveys: SOLAS Convention 1974 39
  • Sweden 8, 135, 192, 193, 194, 196
  • Syria 5
  • tanker, definition of 39
  • territorial waters 4, 6; bunker oil pollution damage, civil liability for (2001 Convention) 190, 200; Fund Convention 161; hazardous and noxious substances: liability and compensation (1996 Convention) 215, 216, 238–9, 240; oil pollution damage, civil liability for 125–6, 138, 222; oil pollution preparedness, response and cooperation (1990 OPRC Convention) 24; wrecks 79, 83, 86–7, 93–4
  • time charterer 133
  • time limits: Bunker Oil Convention 2001 202, 205–6; Fund Convention 1992 170–1, 179, 180; hazardous and noxious substances: liability and compensation (1996 Convention) 227, 236–8, 247, 248; intervention on high seas (1969 Convention and 1973 Protocol) 17, 22; oil pollution damage, civil liability for (CLC 1992) 137, 152–3; port state control: European Directive 2009/16/EC 108; port state control: Paris MoU 103, 104, 105; wrecks, removal of (2007 Convention) 96–7
  • Torrey Canyon 3, 14, 117
  • tourism 9, 83
  • traffic monitoring and information system: European Directive 2002/59/EC 111–14; ‘dangerous goods’ 111–12

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    training, certification and watchkeeping for seafarers, standards of (1978 Convention) 101; chemical tankers 72, 74–5; emergency, occupational safety, security, medical care and survival functions 77–8; engine department 67–72; liquefied gas tankers 76–7; master and deck department 63–6; oil tankers 72, 73–4; ports of State party 62; special requirements 72–7; watchkeeping 78
  • Turkey 244
  • United Kingdom 117, 118; civil liability for oil pollution 124, 131, 135, 193, 194, 196–7; deregistration 81; Headquarters of Fund 1992 172, 176; intervention on high seas 3, 7, 11, 14
  • United States: civil liability for oil pollution 121, 126, 129, 131, 134; intervention on high seas 3, 12, 16
  • USSR: civil liability for oil pollution 128, 134, 135; intervention on high seas 13, 16; see also Russian federation
  • voyage charterer 133
  • voyage data recorder system 104, 109
  • warships 31, 44, 57–8, 107, 111, 121, 166, 191, 192, 203, 217
  • wastes, dumping of (1972 Convention as amended by 1996 Protocol) 41–2; activities regulated 44–5, 80; annual reports 51, 53–4; ashore, disposal from 45; ‘dumping’ 43, 45; human health 49; human life, safety of 48, 49; implementation 50–1; incineration 44, 45; MARPOL 73/78 and 32, 37; monitor condition of seas 50, 52; obligations of contracting parties 46–9; parties to 41; permits 47–8, 49, 50–3; polluter bears cost 46, 47; precautionary approach 46, 48; purpose 41–2; records 50, 52; reports to IMO 51, 53–4; scope of application 43–4, 56; sovereign immunity 44; ‘vessels and aircraft’ 43–4; ‘wastes or other matters’ 37, 45
  • watchkeeping 78
  • West and Central Africa 99–100
  • whale oil 122
  • white, grey and black list 105
  • wrecks, removal of (2007 Convention) 79; coastline or related interests 82–3; consultation 83, 87, 90, 91; Convention area 83; costs 88, 90, 93–5; criteria for determining whether hazard 84–6; dispute settlement 87, 97–8; exceptions to liabilities: owner 93, 94–5; general obligations of State to be complied with when becomes party to 88; geographical scope 83, 86–7; ‘hazard’ 81–3; insurance or other financial security 88, 91, 92, 93, 95–6, 145; location 90; marking 90–1; MARPOL 73/78 and 32; obligations and liabilities of owner 92–5; obligations of State in whose Convention Area wreck located 90–2; party who may determine whether wreck poses hazard 83; reporting obligation 89, 91; scope of application 79–87; territorial sea 79, 83, 86–7, 93–4; time limits 96–7; ‘wreck’ 80–1

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