Discussion on Limitation of Liability and Compulsory Insurance of Compensation for Bunker Oil Pollution Damage from Ships
CLC 1992 and Bunker Oil Convention 2001 are all effective in China now, in order to carrying out these conventions, the Maritime Safety Administration of the Ministry of Transport of the P.R.C promulgated relevant notifications which required ships to hold Certificate of Civil Liability Insurance or Other Financial Security of Oil or Bunker Oil Pollution Damage. The relationship between CLC 1992 and Bunker Oil Convention 2001 was discussed according to the provisions of scope of ships, oil and bunker oil in the two conventions. Since China is not a contracting party of LLMC 1976 and its protocols, the amount of compulsory insurance or financial security for bunker oil pollution damage can only be determined by Chinese domestic laws. According to Article 210 of Chinese Maritime Code and Provisions Concerning the Limitation of Liability for Maritime Claims for Ships with a Gross Tonnage not Exceeding 300 Tons and Those Engaging in Coastal Transport Services as well as Those for Other Coastal Operations promulgated by Pre-Ministry of Communication, the amount of limitation of liability for ships flying Chinese flags with different gross tonnage and different transport service were given. Correspondingly, the amount of compulsory insurance or financial security for bunker oil pollution damage can be determined in accordance with the amount of limitation of liability thereof. It is very useful for shipowners and insurers to provide compulsory insurance or financial security for bunker oil pollution damage.
Bunker Oil Convention 2001 gross tonnage of ships navigation line the amount of limitation of liability compulsory insurance or financial security
Han Lixin
Institute of International Maritime Law, Arbitrator of CMAC
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
309-319
2009-06-04（万方平台首次上网日期，不代表论文的发表时间）