Covered in this paper:
- Introduction
- The Scope of the Convention
- Bunker Convention -v- Civil Liability Convention – A comparison
- Spatial Applicability of the Bunker Convention
- Definition of “Ship”
- Definition of “Bunker Oil”
- Definition of “Pollution Damage”, “Preventive Measures” & “Incident”
- Time Limits in the Bunker Convention
- Exclusions from the Application of the Bunker Convention
- The Liability under the Bunker Convention
- Who is liable?
- Strict liability
- Joint & Several Liability
- Defences to the Shipowner
- Immunity from other Suit but no Responders' Immunity – Salvors Beware!
- Shipowner's Right of Recourse
- The Compulsory Liability Insurance & the Direct action against the Insurer
- Which Ships must be Insured?
- Who must be Insured?
- The level of Insurance Cover
- Evidence of Insurance
- Consequences if no Insurance is in place
- Who can provide Insurance Cover?
- Direct action against the Insurer
- The Limitation of Liability
- The risk of Unlimited Liability
- The risk of Undercompensation – Dilution of the Limitation Fund
- Jurisdiction & Enforcement of Judgments
- Jurisdiction
- Recognition & Enforcement
- Conclusions
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