Transcript HNSC: Insurers and Insurance Certificates •

HNSC: Insurers and Insurance
Certificates
• Professor
Erik Røsæg
• Scandinavian Institute of
Maritime Law, Oslo
• [email protected]
• Tel +47 2285 9752
• folk.uio.no/erikro
1
Outline of the insurance
provisions
• Certificates for all ships
• Scope of cover liability of the owner except wilful
misconduct etc
• Direct action in certain jurisdictions (art 38)
• Alternative security
• Issuing state
2
Insurance capacity
3
Issue of certificates
• Authorties
• Public
• Private
•
•
•
•
Foreign vessels
Fees
Information!
Authority registration number
4
The certificate
• Form
• Information in the certificate
• English, Spanish or French
• Equasis, etc
5
Consideration of the application
• Burden of proof (national law?)
• Does the undertaking cover all obligations required by
HNSC?
• Does the insurer have the financial capability necessary
for his undertaking?
• Will the insurer have sufficient funds available in a State
Party when a claim is made?
• International information system
6
Implementation
• A legal basis
• Penal sanctions
• Control authority
• Inspection procedures
7
Control procedures
• Registers
• Port state control
• targeting
• inspection
• Details on entering territorial waters
• Details in notice to ports
8
National adaptations
• HNS insurance for all cargo ships?
• Burden of proof concerning HNS cargo?
9
Summary
• Certificate requirement
• Legal basis & sanctions
• Organize issuance
• Control measures
• Legal basis
• Organization & routines for random checks
• HNS Fund
• Email list on insurers
• Registration of authority to issue certificates
• Equasis, etc.
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Collision Convention
11
Collision Convention
Fund
Shipowner
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HNSC & FUNDC
• because the damage exceeds
the owner's liability under the
terms of chapter II
• because the damage exceeds
the owner's liability under the
Liability Convention as limited
pursuant to article V,
paragraph 1 of that
Convention or under the terms
of any other international
Convention in force or open for
signature, ratification or
accession at the date of this
Convention
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