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 treaty adopted in 1996 by the International Maritime Organization (IMO) to provide a system of liability and compensation for damage caused by ships carrying hazardous and noxious substances (HNS). The scope of the Convention is applicable to vessels registered in a State that is a party to the Convention, and to persons who own, operate, or act on behalf of such a vessel. The HNS Convention provides for compensation for damage caused by oil and HNS pollution from vessels registered in a State that is a party to the Convention. The Convention also establishes a system of liability and compensation for damage due to oil or HNS pollution from any source, not just sea-going vessels. The liability for the pollution is established by assigning responsibility to the vessel, its owner, and its operator. Additionally, the Convention sets out how compensation should be paid in the event of a pollution incident. It provides for a system of compensation which includes both public funds to cover individual claims, and a regime of compulsory insurance which covers vessels and operators for liability arising from the carriage of HNS. The International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea is an important part of the maritime law in New York, providing a system of liability and compensation for pollution incidents resulting from the carriage of HNS by vessels registered in New York or elsewhere. The Convention ensures that victims of HNS pollution are entitled to a prompt, fair, and just compensation for their losses.
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