Pollution and liability

30 Сен

Статья посвящена вопросам предупреждения загрязнения моря, а также морского страхования, неплатежеспособности, отказа страховщиков от удовлетворения претензий и уклонения виновных в загрязнении морской среды от ответственности

Marine pollution prevention methods are governed by a number of marine pollution preventing conventions, commonly known as MARPOL Conventions. A series of amendments to Annex VI entered into force on 1 Julay 2010, placing further restrictions on nitrogen and sulphur oxides emmisions from ship traffic. The enforcement of MARPOL regulations is the duty of the flag state, but when the vessel is in port, port state inspectors will conduct inspections. When the vessel is on the high seas, the effectiveness of compliance in point of fact depends upon ship itself, so the enforcement of these regulations becomes ineffective. When the ship arrives in port, seafarers have to compline with increasinly complex local regulations.

Insurers have the same rights as the shipowners to limit liability after the clame has been fully indemnified. The UK Marine Insurance Act 1906 or similar provisions are used in many common law countries. When the shipowner is a party to master’s or servant’s negligence, the insurer has the right to deny the claim. A shipping company may be declared insolvent when it is unable to meet the full requirements of a claim ordered by the courts and ultimately the environmental pollution becomes the burden of the state.

There are some other ways to escape the resposibility even if polluters are found liable, such as: changing the ship’s name or ownership after event, however, common law countries have different means to identify sister ships and to discover who is the shipowner by removal of the corporate veil. Unfortunately due to weakness in existing legal provisions and enforcement methods the effectiveness of antipollution laws is still in question.

Автор: Lansakara F.

Источник: Seaways. — 2011. — September. — P. 24 — 25.