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 scope of the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea (HNS Convention) is to protect the environment and people from the hazards associated with the transboundary movement of hazardous and noxious substances. In Virginia, the HNS Convention applies to ships registered in Virginia, vessels trading from Virginia that carry certain hazardous materials, and drivers of barges that carry these materials. The HNS Convention covers the liability of shipowners and other responsible parties for certain damages that may result from the leaked or spilled hazardous and noxious substances. It also establishes the principle of strict liability for shipowners in respect of the damage caused by their ships carrying the hazardous materials. In addition, it provides for the payment of compensation for such damage, including the costs of clean-up and damage to the environment, health, and property. The HNS Convention also requires that insurance or other financial security be held in order to cover any potential claims resulting from the transportation of hazardous or noxious materials. It requires that shipowners and other responsible parties have sufficient financial resources to cover their liabilities and to clean up any spills or leaks. The HNS Convention thus sets out the rules and regulations for the safe and proper transportation of hazardous and noxious materials. It also provides a mechanism through which significant financial resources may be put in place to cover any damage that may occur as a result of the transportation of these materials in Virginia.

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