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| Abbreviations | |
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| Introduction | |
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| The aim of the research | |
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| The scope of the research | |
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| Methods used for the research | |
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| Pollution from Ships' Bunkers and the Advent of the Bunkers Convention | |
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| A brief history of the development of the oil spill civil liability system | |
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| Tovalop and Cristal | |
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| International Conventions | |
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| The need for the Bunkers Convention | |
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| The scope of earlier conventions | |
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| National legislation and the background work on the Bunkers Convention | |
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| Risk and technical considerations | |
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| The birth of the Bunkers Convention | |
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| Overview of the Bunkers Convention | |
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| Categories of ships | |
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| "Ship" | |
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| Does the Bunkers Convention apply to oil tankers? | |
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| "Warships" | |
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| "Oil" | |
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| Scope of application | |
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| Liability established by the Bunkers Convention | |
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| Liable parties | |
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| Channelling of liability | |
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| Shipowners' liability is joint and several | |
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| The basis of liability and exonerating circumstances | |
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| Limitation of Liability | |
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| Compulsory insurance and direct recourse | |
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| Three prerequisite factors | |
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| "Registered owner of a ship" | |
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| "Gross tonnage" - insurance threshold | |
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| "In an amount equal to the limits of liability..." amount of limitation | |
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| Insurance certificate and its recognition | |
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| Direct action against the insurer | |
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| Time limit for bringing an action | |
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| Jurisdiction, recognition and enforcement | |
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| Other matters | |
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| Adopted resolutions | |
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| Concluding remarks | |
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| The Birth of Compulsory Insurance for Oil Pollution Liability | |
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| Introduction | |
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| The concept of compulsory insurance | |
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| Development of the concept of compulsory insurance | |
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| The system of insurance | |
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| Compulsory insurance as defined in international civil liability conventions | |
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| Insurance or other financial securities | |
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| The need for compulsory insurance for bunker-oil pollution liability | |
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| Possible insurers | |
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| The types of marine insurance and their coverage | |
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| Cargo insurance and its coverage | |
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| Hull insurance and its coverage | |
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| Freight insurance and its coverage | |
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| Protection and Indemnity Insurance | |
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| Brief introduction | |
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| The main risks covered by the P&I Club | |
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| Insurance contract between the shipowner and the Club | |
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| The International Group of P&I Clubs | |
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| The insurers offering coverage for oil-pollution liability | |
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| The P&I Clubs | |
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| Pollution liability clause | |
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| Limitation of liability terms | |
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| The role of the P&I Club with regard to an oil-pollution incident | |
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| Oil-pollution liability insurer | |
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| Measures for an oil-pollution incident taken by the Clubs | |
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| Clean-up or salvage operation | |
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| Source of funding | |
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| Providing legal advice | |
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| Interaction with other international organisations | |
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| The legal framework of the IMO conventions | |
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| Cooperation with the IOPC Fund | |
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| Technical assistance from the ITOPF | |
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| Other insurers offering OPA insurance | |
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| Financial responsibility requirement in the OPA 90 | |
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| The concerns of the P&I Clubs to be the guarantors | |
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| Some alternative ways of meeting financial responsibility requirements | |
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| Concluding remarks | |
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| Strict Liability and Insurance | |
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| Introduction | |
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| The basis of liability in the Bunkers Convention | |
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| The difficulties in applying the common law of torts | |
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| Trespass | |
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| Nuisance | |
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| Negligence | |
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| Fault-based liability leads to unfair results for pollution victims | |
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| Strict liability and its application | |
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| The main reasons for introducing strict liability | |
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| Ensuring protection of and compensation for victims | |
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| The impact on the industry | |
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| The industry bears the cost of pollution damage | |
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| Incentive to improve prevention of marine pollution | |
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| Distribution of liability and exceptions to liability | |
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| Who shall be liable? | |
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| Provisions in the CLCs | |
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| Liability of the cargo interest | |
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| Liability of the ship | |
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| The second-tier liability of the cargo-owner | |
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| Liability rule under the Bunkers Convention | |
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| Exceptions to liability | |
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| Types of exceptions in general | |
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| Exceptions available to the shipowner in the Bunkers Convention | |
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| Channelling of liability | |
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| Implementation of liability: insurance | |
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| Proposals during the preparatory work of the Convention | |
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| Two alternative means | |
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| Separate insurance policies | |
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| Co-assurance under one policy | |
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| Concluding remarks | |
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| Insurance and the Quest for Adequate Compensation | |
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| Introduction | |
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| Certification of insurance | |
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| Basic requirements in the Bunkers Convention | |
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| Administrative burden corollary to the issuance of the certificate | |
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| The administrative burden of the flag States | |
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| Port State control regarding the certificate | |
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| Electronic means for the certificate | |
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| The validity of the certificate | |
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| Availability and capacity of insurance for bunker-oil spill liability | |
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| Other related issues | |
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| "Polluter pays" principle | |
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| The significance of Art. 7(8) and financial standing of providers of insurance or financial security | |
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| Mutuality | |
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| The meaning of mutuality | |
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| Role of mutuality | |
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| The ability to absorb large claims | |
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| Possible motivation for risk minimisation | |
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| Liability insurance and compensation fund | |
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| Adequacyand other types of compensation | |
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| The willingness of P&I Clubs to increase their coverage limit | |
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| The compensation paid by the cargo interests | |
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| Compensation paid by other jointly liable persons | |
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| "Joint and several liability" rule in relation to the compensation purpose | |
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| Bareboat charterer | |
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| "Demise charterer" or "bareboat charterer"? | |
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| The insurance of the bareboat charterer | |
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| Operator and manager | |
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| Liability as the time or voyage charterer | |
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| Definitions | |
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| Compensation paid by the time or voyage charterer | |
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| State liability and contributions | |
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| Concluding remarks | |
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| Limitation of Liability and the Limit of Insurance | |
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| Introduction | |
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| The global limitation of liability system in relation to ships | |
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| Limitation of liability rule in general | |
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| The 1957 Convention, 1976 LLMC and its 1996 Protocol relating to tanker-oil pollution liability | |
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| Limitation rules in the Bunkers Convention | |
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| Pollution damage eligible for limitation | |
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| Pollution damage arising from a bunker-oil spill | |
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| The claims subject to limitation under the 1976 LLMC and its Protocol | |
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| The amount of the funds available under the LLMCs | |
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| Other aspects relevant to claims for bunker-oil spill liability under the 1976 LLMC and its Protocol | |
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| Conduct barring the right to limit | |
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| Constitution and distribution of the limitation fund | |
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| The right to limit liability | |
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| The reasons for maintaining the right to limit | |
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| Unsatisfactory outcome of the limitation regime | |
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| The relation of limitation of liability and insurance | |
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| The insurability and limitation of liability | |
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| The possibility to have a unlimited liability | |
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| Concluding remarks | |
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| Direct Action against the Insurer and its Limited Effect | |
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| Introduction | |
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| Rights of a third party to claim on the insurance policy | |
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| Assignment | |
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| Direct-action statutes | |
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| English law | |
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| United States legislation | |
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| The limited effect of direct action under P&I insurance | |
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| Coverage and exclusions of P&I insurance | |
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| P&I insurance is one of indemnity | |
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| "Pay to be paid" rule | |
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| Other defences of a Club against the claim from a third party | |
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| Direct-action right under the Bunkers Convention | |
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| "The defences...which the shipowner would have been entitled to invoke" | |
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| Meaning of the phrase "wilful misconduct of the shipowner" | |
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| Interpretation of "wilful misconduct" in relation to limitation of liability | |
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| Interpretation of "wilful misconduct" in insurance law | |
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| The determination of a competent court | |
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| "Wilful misconduct in P&I insurance | |
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| "Wilful misconduct" in Article 7(10) | |
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| Scope of the claim: pollution damage | |
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| The uncertain nature of liability for pollution | |
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| "Pollution damage" in tanker-oil spill incidents | |
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| CMI guidelines on oil-pollution damage | |
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| The policy adopted by the IOPC Fund | |
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| Viewpoint of the P&I Clubs | |
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| Pollution damage under the Bunkers Convention | |
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| Recourse action | |
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| Concluding remarks | |
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| Outlook on Insurance and Compensation for Bunker-Oil Pollution Liability | |
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| Introduction | |
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| Main interests in the insurance system | |
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| Victims: "Loss of cover" and full compensation | |
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| Loss of cover | |
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| "Small ship" issue | |
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| Adequate compensation | |
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| The P&I Clubs: maintaining their sustainable development | |
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| Shipowners: the central actor | |
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| The comparison of the insurer's exposure to the CLCs and the Convention | |
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| The types of ships involved | |
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| The number of ships involved | |
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| The limitation of liability | |
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| Concluding remarks | |
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| Summary of Study | |
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| The concept of compulsory insurance and its compensation purpose | |
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| Other features of the Bunkers Convention and their interrelations with compulsory insurance | |
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| Bibliography | |
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| Literature | |
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| Documents | |
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| Text of the Bunkers Convention | |
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| Index | |