What is the scope of the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea?

The International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea (HNS Convention), is a binding convention which establishes rules concerning liability and compensation for damages caused by the spillage of certain hazardous and noxious substances during marine transport. It is applicable to carriage of those substances by vessels flying the flag of the state that has ratified the convention, as well as vessels in the coastal waters of the state in question. Under the terms of the convention, operators of a vessel responsible for a spill of HNS must pay damages to the injured parties for any loss or damage caused by the spill. The amount of compensation is determined in accordance with a number of principles. Generally, the polluter is responsible for the costs of containment, removal and remediation of the pollution and, depending on the circumstances, could also be responsible for damages to the environment, public facilities, and economic loss resulting from the spill. The HNS Convention also sets out specific provisions for the limitation of liability. The liability cap is set according to the size and type of vessel, and can be limited in some cases to a portion of the total compensation. The HNS Convention is applicable in Louisiana, as it is part of the United States, which ratified the convention in 2011.

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What is the scope of the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea?

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