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International convention on compensation and liability for damage caused by dangerous and harmful substances transported by sea

Title	International convention on compensation and liability for damage caused by dangerous and harmful substances transported by sea
Author	Meriç, Gülfer
Publication Date:	2017
Publication Place	- Seçkin Publishing
Subject	International convention on liability and compensation for damage in connection with carriage of hazardous and noxious substances by sea, HNS convention, Marine pollution, Marine pollution liability, Limitation of liability, Compulsive liability insurance
Type	Periodical
Language	Turkish
Digital	Yes
Manuscript	No
Library:	Özyeğin University
Library Asset ID	1309-8837
Record ID	f0a7a06e-3fcb-4839-9c9c-76e220a33510
Library Location	Law
Date	2017
Sample Text	In our study, the International Convention on Compensation and Liability for Damage Caused by Dangerous and Noxious Substances Transported by Sea dated 1996, amended by the Protocol dated 2010, was examined. Since this international agreement, which was adopted under the auspices of the International Maritime Organization in 1996, could not meet the conditions for entry into force, it was amended by the Protocol dated 2010 and the conditions for entry into force were eased. In this context, the conditions regarding the field of application of the 2010 HNS Convention are discussed. Then, the liability for which dangerous and harmful substances will cause damage will be determined by this Agreement and the damage items that will be compensated within the framework of the Agreement within this scope have been evaluated. Then, the principles of liability and compensation for damages caused by dangerous and harmful substances were examined in two stages. In accordance with the HNS Convention, at the first stage of the liability regime, the owner of the ship is perfectly liable for the damage; but its liability is limited. In the second step, the HNS Fund is located, the HNS Fund has been held responsible for the uncompensated damage, and this Fund is financed by taxes imposed on the buyers of hazardous and harmful substances in the Party States. Finally, the conditions for the entry into force of the Convention are also discussed., This article deals with the International Convention on Liability and Compensation for Damage in Connection with Carriage of Hazardous and Noxious Substances by Sea 1996 and the Protocol of 2010 to the Convention. The Convention has been accepted in 1996 under the auspices of International Maritime Organization; however entry into force conditions have not been fulfilled, therefore the conditions have been amended with the Protocol of 2010. In this respect firs of all, provisions regarding the scope of application have been scrutinized. Substances covered by the Convention and the concept of damage is defined. After that liability for damage in connection with the carriage of hazardous and noxious substances by sea and compensation matters have been dealt with. HNS Convention provides for two tiers of compensation; In the first tier ship-owners are strictly liable for the damage but their liability is limited, in the second tier HNS Fund is responsible for the remaining uncompensated damage, and HNS Fund is financed by levies imposed on hazardous and noxious substance receivers in member states. Lastly conditions for entry into force have been explained.
Cilt	16

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Özyeğin University

International convention on compensation and liability for damage caused by dangerous and harmful substances transported by sea

Author Meriç, Gülfer

Publication Date 2017

Publication Place - Seçkin Publishing

Subject International convention on liability and compensation for damage in connection with carriage of hazardous and noxious substances by sea, HNS convention, Marine pollution, Marine pollution liability, Limitation of liability, Compulsive liability insurance

Type Periodical

Language Turkish

Digital Yes

Manuscript No

Library Özyeğin University

Library Asset ID 1309-8837

Record ID f0a7a06e-3fcb-4839-9c9c-76e220a33510

Library Location Law

Date 2017

Sample Text In our study, the International Convention on Compensation and Liability for Damage Caused by Dangerous and Noxious Substances Transported by Sea dated 1996, amended by the Protocol dated 2010, was examined. Since this international agreement, which was adopted under the auspices of the International Maritime Organization in 1996, could not meet the conditions for entry into force, it was amended by the Protocol dated 2010 and the conditions for entry into force were eased. In this context, the conditions regarding the field of application of the 2010 HNS Convention are discussed. Then, the liability for which dangerous and harmful substances will cause damage will be determined by this Agreement and the damage items that will be compensated within the framework of the Agreement within this scope have been evaluated. Then, the principles of liability and compensation for damages caused by dangerous and harmful substances were examined in two stages. In accordance with the HNS Convention, at the first stage of the liability regime, the owner of the ship is perfectly liable for the damage; but its liability is limited. In the second step, the HNS Fund is located, the HNS Fund has been held responsible for the uncompensated damage, and this Fund is financed by taxes imposed on the buyers of hazardous and harmful substances in the Party States. Finally, the conditions for the entry into force of the Convention are also discussed., This article deals with the International Convention on Liability and Compensation for Damage in Connection with Carriage of Hazardous and Noxious Substances by Sea 1996 and the Protocol of 2010 to the Convention. The Convention has been accepted in 1996 under the auspices of International Maritime Organization; however entry into force conditions have not been fulfilled, therefore the conditions have been amended with the Protocol of 2010. In this respect firs of all, provisions regarding the scope of application have been scrutinized. Substances covered by the Convention and the concept of damage is defined. After that liability for damage in connection with the carriage of hazardous and noxious substances by sea and compensation matters have been dealt with. HNS Convention provides for two tiers of compensation; In the first tier ship-owners are strictly liable for the damage but their liability is limited, in the second tier HNS Fund is responsible for the remaining uncompensated damage, and HNS Fund is financed by levies imposed on hazardous and noxious substance receivers in member states. Lastly conditions for entry into force have been explained.

Cilt 16