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The International Maritime Organization is a specialised agency of the United Nations responsible for regulating shipping. The IMO was established following agreement at a UN conference held in Geneva in 1948 and the IMO came into existence ten years later, meeting for the first time in 1959. Headquartered in London, United Kingdom, the IMO currently has 174 member states and three associate members.
The International Convention for the Prevention of Pollution from Ships, 1973 as modified by the Protocol of 1978 is one of the most important international marine environmental conventions. It was developed by the International Maritime Organization with an objective to minimize pollution of the oceans and seas, including dumping, oil and air pollution.
Flag of convenience (FOC) is a business practice whereby a ship's owners register a merchant ship in a ship register of a country other than that of the ship's owners, and the ship flies the civil ensign of that country, called the flag state. The term is often used pejoratively, and although common, the practice is sometimes regarded as contentious. Each merchant ship is required by international law to be registered in a registry created by a country, and a ship is subject to the laws of that country, which are used also if the ship is involved in a case under admiralty law. A ship's owners may elect to register a ship in a foreign country which enables it to avoid the regulations of the owners' country which may, for example, have stricter safety standards. They may also select a jurisdiction to reduce operating costs, avoiding higher taxes in the owners' country and bypassing laws that protect the wages and working conditions of mariners. The term "flag of convenience" has been used since the 1950s. A registry which does not have a nationality or residency requirement for ship registration is often described as an open registry. Panama, for example, offers the advantages of easier registration and the ability to employ cheaper foreign labour. Furthermore, the foreign owners pay no income taxes.
The Oil Pollution Act of 1990 (OPA) was passed by the 101st United States Congress and signed by President George H. W. Bush. It works to avoid oil spills from vessels and facilities by enforcing removal of spilled oil and assigning liability for the cost of cleanup and damage; requires specific operating procedures; defines responsible parties and financial liability; implements processes for measuring damages; specifies damages for which violators are liable; and establishes a fund for damages, cleanup, and removal costs. This statute has resulted in instrumental changes in the oil production, transportation, and distribution industries.
Protection and indemnity insurance, more commonly known as P&I insurance, is a form of mutual maritime insurance provided by a P&I club. Whereas a marine insurance company provides "hull and machinery" cover for shipowners, and cargo cover for cargo owners, a P&I club provides cover for open-ended risks that traditional insurers are reluctant to insure. Typical P&I cover includes: a carrier's third-party risks for damage caused to cargo during carriage; war risks; and risks of environmental damage such as oil spills and pollution. In the UK, both traditional underwriters and P&I clubs are subject to the Marine Insurance Act 1906.
The American Bureau of Shipping (ABS) is an American maritime classification society established in 1862. Its stated mission to promote the security of life, property and the natural environment, primarily through the development and verification of standards for the design, construction and operational maintenance of marine and offshore assets.
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The Prestigeoil spill occurred off the coast of Galicia, Spain, caused by the sinking of the 26 year old structurally deficient oil tanker MV Prestige in November 2002, carrying 77,000 tonnes of heavy fuel oil. During a storm, it burst a tank on November 13, and French, Spanish, and Portuguese governments refused to allow the ship to dock. The vessel subsequently sank on November 19, 2002, about 210 kilometres (130 mi) from the coast of Galicia. It is estimated that it spilled 60,000 tonnes or a volume of 67,000 m3 (17.8 million US gal) of heavy fuel oil. The spill polluted thousands of kilometers of coastline and more than one thousand beaches on the Spanish, French and Portuguese coast, as well as causing great harm to the local fishing industry. The spill is the largest environmental disaster in the history of both Spain and Portugal. The amount of oil spilled was more than the Exxon Valdez incident and the toxicity considered higher, because of the higher water temperatures.
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Admiralty law in the United States is a matter of federal law.
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The International Convention on Salvage is a treaty that was concluded in London on 28 April 1989 that replaced the Brussels Convention on Assistance and Salvage at Sea as the principal multilateral document governing marine salvage.
The HNS Convention is an international convention created in 1996 to compensate for damages caused by spillage of hazardous and noxious substances during maritime transportation. The convention is officially known as the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea, 1996. The convention has not entered into force due to signatory states not meeting the ratification requirements. Canada, France, Germany, Greece, the Netherlands, Norway, and Turkey signed the 2010 protocol to the convention.
The International Convention on Civil Liability for Bunker Oil Pollution Damage (BUNKER) is an International treaty listed and administered by the International Maritime Organization, signed in London on 23 March 2001 and in force generally on 21 November 2008. The purpose is to adopt uniform international rules and procedures for determining questions of liability and providing adequate compensation.
The London P&I Club abbreviated also London Club, and The London Steam-Ship Owners’ Mutual Insurance Association Limited is a group of protection and indemnity insurance (P&I) companies for mutual maritime insurance representing global ship-owners, founded and registered in England 1866, incorporated in 1875. The London Club offers FD&D insurance and war risk insurance. It is a member of the International Group of P&I Clubs, an umbrella for thirteen separate clubs insuring 90% of the world's ocean-going freighters.
The MV Wakashio oil spill occurred after the Japanese bulk carrier Wakashio ran aground on a coral reef on 25 July 2020 at around 16:00 UTC. The ship began to leak fuel oil in the following weeks, and broke apart in mid August. Although much of the oil on board Wakashio was pumped out before she broke in half, an estimated 1,000 tonnes of oil spilled into the ocean in what was called by some scientists the worst environmental disaster ever in Mauritius. Two weeks after the incident, the Mauritian government declared the incident a national emergency.
References
- 1 2 International Maritime Organization on the International Convention on Civil Liability for Oil Pollution Damage (CLC), 1969
- ↑ R. Bhanu Krishna Kiran, "Liability and Compensation for Oil Pollution Damage: An examination of IMO Convention", NUJS LAW REVIEW, January 2, 2015, Accessed on 1 July 2017
- ↑ HNS Convention Legal Framework, archived from the original on 1 February 2014, retrieved 13 February 2014
- ↑ International Maritime Organization – Status of Conventions
- ↑ MARISEC (2009). Shipping Industry Flag State Performance Table (PDF). London: Maritime International Secretariat Services. pp. 1–2. Retrieved 12 June 2010.
- ↑ "LIABILITY AND COMPENSATION FOR SHIP-SOURCE OIL POLLUTION" (PDF). unctad.org. United Nations Conference on Trade and Development. 31 January 2012. pp. 20, 23. Retrieved 30 June 2017.
[p20:] in some cases, substantial compensation may be available under applicable national law, as for instance in the case of the United States Oil Pollution Act 1990 (OPA 1990). [and p23:] [Non-signatories] includes notably the United States, where, however, strong national legislation to provide for liability and compensation has been enacted.