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 (often referred to as the HNS Convention) is an international treaty that establishes a legal framework for the carriage of hazardous and noxious substances (HNS) by sea. The convention applies to the vessels over 500 gross tonnage, to the HNS cargo loaded, and to any accidents or environmental damage that result from the transportation of HNS cargo. The scope of the convention is to create a system of liability and compensation for damage caused to property, people, and the environment that results from the carriage of HNS by sea. Specifically, the convention provides for legal limits on the liability of the shipowner and details the procedures for allocating liability for damages that arise from, or are related to, the carriage of HNS. In addition, the convention establishes a compensation fund that would provide compensation for persons injured or killed, and for the natural environment damages resulting from the HNS carriage. The HNS Convention is applicable to sea carriers registered in Virginia, and any cargo of HNS shipped from a port located in Virginia or loaded onto Virginia-flagged ships. If an accident or environmental damage were to occur in Virginia waters, the HNS Convention would govern the applicable liability and compensation. Virginia is a signatory to the HNS Convention, having signed in 2006 and ratified it in 2017.

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