Noveltis of the 2010 protocol to the 1996 HNS convention and the prospect for its entry into force

• Main Authors: Marija Pospišil Miler, Marija Pospišil
• Format: Article
• Language: English
• Published: Pravni fakultet Sveučilišta u Splitu 2012-01-01
• Series: Zbornik Radova Pravnog Fakulteta u Splitu
• Subjects: pollution of sea by hazardous and noxious substances; limitation of liability for packaged HNS cargo; compulsory insurance; direct action
• Online Access: http://hrcak.srce.hr/file/129204

The 2010 HNS Protocol to the 1996 HNS Convention has been adopted at the IMO Diplomatic Conference held in London from 26 to 30 April 2010, 14 years after the adoption of the 1996 International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea, (HNS Convention), with an aim to facilitate the entry into force of an international system of liability and compensation in connection with the carriage of hazardous and noxious substances by sea. The main goal of the 2010 HNS Protocol is to ensure adequate, prompt and effective compensation of victims of HNS damages by removing the obstacles which have inhibited 1996 HNS Convention to enter into force. Upon entry into force of the 2010 HNS Protocol, the articles of the 1996 Convention as amended by the 2010 Protocol, together with the final clauses of the 2010 Protocol, shall constitute the new Convention called the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea, 2010 (2010 HNS Convention) which will, without any doubt, significantly improve international regulations of the liability damages caused by pollution of the sea from ships. The paper analyses new solutions adopted by 2010 HNS Protocol in order to remove the obstacles inhibiting the entry into force of the 1996 Convention, with a special emphasis on advantages and disadvantages of some Articles of 2010 Protocol and the prospects for its entry into force.