Pollution Flashcards
1 CLC 1992
autofill dtt
10
territorial sea, eez or equivalent
replace tovalop 1969
persistant cargo and fuel (bunker) oil
laden and unladen tanker
strict liability
compensation keyed to tonnage (135 million SDR)
>2000 tons of oil in bulk require certificate to attest to financial security
available to any state party to convention
funded by IGPIC
defences: war hostilities, civil war, insurrection, natural phenomenon of exceptional, inevitable, irristeable character
2 Fund conventin 1992
8
terriotial, eez
CRISTAL
available to any state party to convention
when CLC insufficient or do not apply (unidentiiacble owner, uninsured, insolvent, exonerate from liability under CLC but not fund convention
not payable for act of war or sill from warship
have to prove tanker orginated
contributed by people receiving oil (150,000 tons in calendary year within contracting state)
max 203 million SDR (incl CLC)
2 STOPIA
6
Voluntary
20 million SDR
applies to contracting state of fund convention
small tankers: >295486GT
funded by IGPIC
beyond CLC
3 Supplementary fund
4
available to any state party to convention
territorial sea, eez
max 750 million SDR
funded by oil receivers
TOPIA
4
similar to STOPIA but big tanker
funded by IGPIC
Shipowner contribute 50 % of compensation for supplementary fund
beyond supplementary fund
BUNKER Provisions
3
maintain insurance cover
direct action (claim brought directly against insurer)
>1000 gross tonnage to maintain insurance or other financial security
War Exclusion
1
exclude risks of war, civil war, capture and derelict weapons
Institute War and Strike Clauses (Hull and Machinery)
6
separate section due to reinsurance requirements
against risk of war changing
physical damage & delay in area of conflict or blocked waterways
12 months
stable market rates
vessels to stay within customary trading warratines (places may be added or deleted)
Institute strike clauses (cargo)
4
strikers, locked out workman, people taking part in labour disturbances, riots, civil commotions
any act of terrorism. acting behalf or in connection with organizsation that overthrow or influencing govt, whether or not legally constituted
acting from political, ideological or relisgious motive
only violent behaviour and not mere withdrawal of labour
Piracy
4
covered under Internation hull clauses
london underwriters seprated in 2005
ransom covered under general average, sue and labour clause
standalone policies to cover earning lost, from day it is detained