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The future of shipowners environmental liabilities
On 21st November accession by Sierra Leone facilitated the entry into force of the International Convention on Civil Liability for Bunker Oil Pollution Damage in the near future.
Also this month our Club's Legal Director, Dr. Chao Wu, made a presentation on the past and future development of shipowners' environmental liabilities to the Shanghai International Maritime Forum.
Chao's paper is published this week on the Environmental Encyclopaedia for Members' reference.
Our Club's role in relation to environmental damage is fundamentally no different from its role in any other type of liability incident. Its cover indemnifies Members in respect of claims for which they are legally liable.
Of course, in getting to the point where the Club can approve a claim for payment, it will provide many other distinctive services. There is the normal process of investigating facts, analysing relevant law, and negotiating settlements, but the Club will also help the owner deal with many related problems after the incident.
Our Club has a secondary function as direct guarantors of compensation due to claimants, in its role as the providers of financial responsibility under the Civil Liability Convention.
We have a legitimate interest in helping owners to prevent environmental damage. Together with the International Group clubs, we also have a legitimate interest in opposing unfair or unsustainable liability regimes insofar as they impact on ship operators. To that end, Club staff make their insurance expertise available at the IOPC Fund, IMO, CMI, UNEP, UNCITRAL and other relevant bodies.
This most recent paper sets out the key developments in environmental maritime liability over the past five years. More importantly, it identifies future liability issues that are likely to be of concern to owners and operators over the next five years which relate to environmental damage or may have an environmental component.
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