A Great Challenge for Libility Insurer Facing the Bunkers 2001
China has signed into the International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001 on November, 2008. With the Convention put into effect on 9, March, 2009, ships over 1,000 gross tonnage registered in a State Party will be required to maintain insurance or other financial security, such as the guarantee of a bank or similar financial institution, to cover the loss of the registered owner for pollution damage in an amount equal to the limits of liability under the applicable national or international limitation regime, but in all cases, not exceeding an amount calculated in accordance with the Convention on Limitation of Liability for Maritime Claims, 1976, as amended. Another key provision is the requirement for an action, which would allow a claim for compensation for pollution damage to be brought directly against an insurer. However, there is no sufficient relevant legislation and policy for the insurers in China. Accordingly this paper offers some proposals beneficial to the legislator and insurance companies. Firstly there is a preliminary discussion about how to perfect the provisions in The Law of Insurance in China. Secondly, it tries to revise the relevant regulations of CMC in order to clarify the CHAPTER XII CONTRACt OF MARINE INSURANCE. Finally it is intended to be a remedy for the standard policy concerning the liability insurance of oil pollution mentioned above.
liability insurance BUNKERS 2001 standard policy
Wang Shumin Wang Zhigang
Law School, Dalian Maritime University Dalian Maritime University, Dalian
国际会议
Intl Conference on Marine Pollution Liability & Policy(国际海洋油污会议--海洋污染责任与政策国际研讨会)
大连
英文
606-613
2009-06-04（万方平台首次上网日期，不代表论文的发表时间）