i-law

Shipping and the Environment


Page 431

CHAPTER 9

Claims – general principles

Colin de la Rue Former solicitor and partner Ince & Co, London Charles B. Anderson New York, Attorney and Maritime Arbitrator Former Senior Vice President and Head of Office Skuld North America Inc. Jonathan Hare Former General Counsel, Assuranceforeningen Skuld, Oslo

Introduction

The systems of strict liability and financial security established by international regimes and US domestic laws have ensured that in practice compensation has nearly always been available for payment of claims resulting from incidents causing, or threatening to cause, oil pollution from ships.1 The same applies in the US in respect of damage caused by other hazardous and noxious substances,2 and this should also be the case in other jurisdictions once the 2010 HNS Convention has entered into force.3 Costs of removing environmental hazards posed by wrecks may also be recovered under the 2007 Nairobi Wreck Removal Convention, to the extent that they fall outside the scope of other international regimes.4

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