Study Of Hns Convention

With the establishment of the concept of sustainable development, people have gradually understood the importance of environment to society and human beings' existence and development International society has paid more attention to the protection of marine environment For the sake of development of world's shipping business, the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea (HNS Convention for short hereinafter) has been approved in the diplomatic conference by the International Maritime Organization in may, 1996, which is the unique convention on liability and compensation for damage in connection with the carriage of HNS by sea. This convention established a two-tier compensation regime: the first-tier and main liability is ship owner's liability, and the second-tier is HNS Fund's supplement liability. Even though this convention hasn't been validated, it has been the common knowledge that such convention is necessary enough to be established in the field of ocean carriage, and major countries and organizations concerned have been contributing great efforts for this purpose. Therefore, the HNS Convention will soon gain its legal force.If such regime has been established, deep impact will be brought to the field of ocean carriage. As a country with substantial coverage of sea, China has witnessed the development of ocean carriage into a supportive industry. In China, there have been no specialized laws and regulations on such liability and compensation above mentioned Yet our laws tend to place great importance on ocean protection and pollution prevention, and provisions on liability and compensation are limited within traditional notions of tort liability. This situation requires specialized efforts of study on these areas above mentioned We should perfect the related legislations.The thesis is composed of four parts with 50,000 words approximately.Part I: Introduction of the background and working-out process of HNS Convention. It first explains the necessity and urgency to constitute HNS convention from two aspects, which demand of protection environment and requisition of international legislation. Secondly, particularly introduces the working-out process from discussing and forming the draft to passing the convention. This part emphasizes the focus that every country concerned and the nodus disputed, such as compensation regime, scope of application, the liability limitation of shipowner. Finally it introduces the actuality and development of HNS convention in short.Part II: Research on the basic articles and characteristics of HNS convention. This part, particularly analyzes the main articles such as definition of hazardous and noxious substances and damage, scope of application of convention, the compensation liability of shipowner and liability limitation, establishment of fund and compensation regime. At the same time, compares with the CLC convention and FUND convention in correlative stipulation to set forth the characteristics of HNS convention. Last, concludes the characteristics such as the establishment of the new and two-tier compensation regime, remarkable increase of liability limitation of shipowner, the change of liability basis of shipowner, the claim and limitation of actions in favor of protection of victim.Part III: The author analyzes how the HNS Convention will influence the Chinese laws. Combines with law of our country to deal with damage from pollution of hazardous and noxious substances and pollution actuality on carriage of hazardous and noxious substances by sea, analyzes the influence to our country's law. Dissertates both active and negative influence of HNS convention to domestic law and its meanings to complete our legislation on Maritime Law with analysis of the case.Part IV: The author puts forward related legal proposals that reply to HNS convention. In this part, the author puts forward related lawmaking proposals for the purpose of adapting the international shippin...