Seminar of Revision of Pollution Damage to Environment from Vessels under CMC on 16 November 2017 in
Addtime:2017-11-16     Browse:620    Author:admin

The seminar of revision of pollution damage to environment from vessels under CMC has more than 70 attendees. Representatives from administrative departments, Maritime Courts, CPI, insurance companies, shipping companies and universities also attended the Seminar.

 

 

During the meeting, Prof. Han Lixin of DMU first introduced the frame of the new draft chapter dealing with the pollution damage compensation she intends to put into the CMC. She also explained several important issues in formulating each section. First, the definitions of certain terms shall be defined. Second, during the drafting process, some experts view that Art. 6 and Art. 7(1) of the Bunker Convention does not make it clear whether there shall be only one limitation fund or there could be a separate limitation fund solely for compensating bunker pollution damage, therefore, a convention state could decide in its domestic law whether to have two or only one limitation fund. Third, whether the limitation amount of HNS Convention should be introduced into the CMC completely or a lower amount of limitation should be used. Moreover, Ms. Han said direct action against HNS liability insurer would also be drafted in the new chapter.

Mr. Hu Jianxin, the presiding judge from NMC shared a collision case, in which M.V. “Florida” collided with “Zhou Shan" causing the former leaking the oil. The defendants held the view that the plaintiffs only took part in the clean-up operations under administrative order of Shanghai MSA, and there was no clean-up agreement between them; the cause of action shall not be salvage at sea. Besides, the defendant owners challenged the title of MSA to sue.

Later, Ms. Shen Xiaoping from Heng Xin Law Office shared the case of m.v. “Arteaga” on the ascertainment of oil pollution damage. Prof. Ann Zhang Shengwen gave a detailed explanation to the attendees of the environmental damage compensation in international regime. She also introduced some case that is on-going within ITOPF and the “Hebei Spirit” case. Mr. Yue Yan from CPI introduced the relationship of P & I Clubs and the pollution liability insurance, especially the role and function of the P & I. Mr. Zhou Fangzhen, director of COPC Fund, continued to introduce the revision on Regulations on Civil Liability Insurance for Marine Pollution by Ships.

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