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 maritime law treaty that sets out legal rules and regulations that govern the transportation and storage of hazardous and noxious substances (HNSs) and the compensation of third parties in the event of damage they cause. In Washington, the Convention is enforced through the Hazardous and Noxious Substances Act of 2004. The Convention establishes the liability and responsibility of those who transport and store HNSs at sea and ensures compensation for those who suffer damage from such activities. According to the Convention, carriers and owners of ships are jointly and severally liable for any damage caused by the discharge or escape of HNS from their ships. They must also maintain insurance or financial security to cover the cost of compensating those with physical damage, economic loss, and environmental damage resulting from the cargo. The Convention also extends liability for pollution damage to port authorities, salvage operators, and other third parties who are involved in activities that have the potential to cause damage due to the presence of HNSs. Additionally, the Convention requires that the parties involved in such activities establish procedures for documenting the cause and extent of the damage and the identity of the polluter. In Washington, the HNS Convention is enforced by the Department of Ecology, which is responsible for conducting investigations and issuing orders to enforce compliance with the Convention. The Convention applies to any vessel carrying HNSs that enters or leaves a Washington port and to any Washington vessel carrying HNSs, regardless of where it is located.

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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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