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1996 Protocol News

11 Dec 2016

Increased Limits of Liability for Shipowners in UK

The Standard Club had reported that in 2012 the  International Maritime Organization (IMO)  decided to increase the limits of liability under the 1996 Protocol by 51% and that these increases are due to come into force on 8 June 2015. This was because in recent years the existing limits have been considered inadequate to cover the rising cost of claims especially in relation to pollution and clean-up costs (e.g. the Pacific Adventurer bunker spill incident off the coast of Australia in 2009). However, the new 2015 limits requires in many countries to be given effect domestically by national legislation. These limits are now in force in the UK with effect from 30 November 2016 pursuant to the Merchant Shipping Act 1995 (Amendment) Order 2016.

17 Jul 2015

'Challenging Time' for Shipping Industry - North P&I Chairman

Unpredictable markets and continuing marine claims volatility means the international shipping industry is facing a particularly challenging time, says Pratap Shirke, chairman of North P&I club. His comments are published today (16 July 2015) in the 170 million GT, ‘A’ rated club’s 2015 Management Report. ‘Shipowners continue to operate in unpredictable shipping markets and the economic climate shows little signs of improvement,’ he says. He also notes that risk levels in the industry continue to be volatile, with North’s members experiencing an unusually high level of larger claims during the 2014/15 policy year. ‘The significant number of large claims in excess of US$1 million was unexpected…

17 Jul 2015

Shipping in Rough Waters

Unpredictable markets and continuing marine claims volatility means the international shipping industry is facing a particularly challenging time, says Pratap Shirke, chairman of North P&I club. His comments are published today (16 July 2015) in the 170 million GT, ‘A’ rated club’s 2015 Management Report. ‘Shipowners continue to operate in unpredictable shipping markets and the economic climate shows little signs of improvement,’ he says. He also notes that risk levels in the industry continue to be volatile, with North’s members experiencing an unusually high level of larger claims during the 2014/15 policy year. ‘The significant number of large claims in excess of US$1 million was unexpected…

06 Mar 2015

Cook Islands to Issue Wreck Removal Certificates

The Cook Islands has acceded to the Nairobi International Convention on the Removal of Wrecks, 2007 (“The Nairobi Convention”). As a State Party, Cook Islands will issue Wreck Removal Certificates to its own ships and also to ships flying the flags of states that have not yet become party to the Nairobi Convention. The Nairobi Convention, which will come  into force on 14 April 2015, requires all ships over 300 GT (including fishing vessels and commercial yachts) to have insurance in place to cover the location, marking and removal of a wreck; deemed to be a hazard in a State party’s Convention area. Glenn Armstrong, Managing Director of Maritime Cook Islands…

21 Oct 2013

Marine Geo-engineering to be Regulated

London Protocal amendment signing: Photo courtesy of IMO

Marine geo-engineering, including ocean fertilization, will be regulated under amendments to the 1996 Protocol to the international treaty which regulates the dumping of wastes and other matter at sea. The amendments, adopted recently by Parties to the 1996 Protocol to the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, 1972, add a new article 6bis which states that “Contracting Parties shall not allow the placement of matter into the sea from vessels…

05 Apr 2013

Maritime Lawyers Join Forces with Shipowners

New Brochure highlights importance of FAL Convention, as IMO Facilitation Committee meets in London. A copy of the new ICS, ISF and CMI Campaign Brochure is attached, and contains additional information about the international Conventions to which this PR refers. The Comité Maritime International (CMI) – the international association for maritime lawyers – has joined forces with the International Chamber of Shipping (ICS) and the International Shipping Federation (ISF) - which represent the operators of over 80% of the world merchant fleet - to promote those key international maritime Conventions which they believe are vital for governments to ratify and implement as soon as possible.

05 Nov 2012

Sea Fertilization Objection by IMO Convention Signatories

Parties to international dumping treaties express concern about reported offshore iron fertilization by salmon fishing industry. Parties to the international treaties which regulate the dumping of wastes and other matter at sea have issued a statement of concern regarding the deliberate ocean fertilization activity that was recently reported to have been carried out in July of 2012 in waters off the west coast of Canada. The Contracting Parties to the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, 1972 (London Convention) and to the 1996 Protocol thereto (London Protocol), meeting in London from 29 October to 2 November 2012…

26 Oct 2012

IMO's 'London Convention' Celebrates Anniversary

Key international marine environment protection convention celebrates 40 years of progress. The use of the world’s oceans as a dumping ground for harmful wastes has been systematically regulated and reduced under the terms of an international convention that, this year, celebrates 40 years since it was first adopted. The "Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, 1972", usually referred to as the "London Convention", was one of the first global conventions designed to protect the marine environment from human activities. It has been in force since 1975. The objective of the London Convention…

20 Apr 2012

Maritime Claims – Limits Increased by IMO

Amendments to increase the limits of liability in the 1996 Protocol to the Convention on Limitation of Liability for Maritime Claims were adopted by the Legal Committee of the International Maritime Organization (IMO), when the Committee met for its 99th session in London. The LLMC Convention sets specified limits of liability for two types of claims against shipowners - claims for loss of life or personal injury, and property claims (such as damage to other ships, property or harbour works). Taking into account the experience of incidents, as well as inflation rates, the limits set in the 1996 Protocol have, in recent years, been seen to be inadequate to cover the costs of claims, especially those arising from incidents involving bunker fuel spills.

23 Mar 2012

The Garbage Revolution

There was a revolution at IMO Headquarters in July 2011 – and few noticed. While all the attention was focused on greenhouse gas issues, such as the Energy Efficiency Design Index (EEDI) and the Ship Energy Efficiency Management Plan (SEEMP), changes to MARPOL Annex V raised little controversy. In IMO’s official summary of the 62nd session of Marine Environment Protection Committee (MEPC), which occurred on 11-15 July 2011, adoption of the revised MARPOL Annex V (garbage) merited…

12 Jan 2012

Shipping Industry Facing “Deepwater Horizon moment”

Andrew Chamberlain, partner in Holman Fenwick Willan’s Admiralty and Crisis Management team.

The shipping industry has been warned by a leading maritime lawyer that it may soon face its “Deepwater Horizon moment” in the event of a mega containership casualty. Recent high profile container ship casualties have involved relatively small vessels capable of carrying up to 4688 containers (MSC Napoli). The Rena, which is currently breaking up off the coast of New Zealand, has a capacity of 3352 containers. By comparison, the largest vessels sailing today are carrying over 15000 boxes.

12 May 2008

Marshall Islands Accedes to Key IMO Conventions

One of the world's largest shipping nations, the Republic of the Marshall Islands, has acceded to five major IMO Conventions. Mr. Joseph A. Bigler, Counsellor to the Maritime Administration, Republic of the Marshall Islands, has deposited with IMO Secretary-General, Efthimios E. Mitropoulos, instruments of accession to the 1996 Protocol to the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, 1972 (1996 London Convention Protocol); the International Convention on the Control of Harmful Anti-fouling Systems on Ships, 2001 (AFS Convention); the Protocol of 2005 to the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation…

12 Jan 2004

P&I Club Warns of Shipping Claims Increase

Ship owners, operators and their P&I clubs face ever-increasing claims over the next few years, according to the 45 million GT North of England P&I club. Growth in the freight market, a raft of new and revised liability conventions and weakness of the dollar are exposing the industry to greater financial risk and continuing hikes in P&I insurance. According to joint managing director Rodney Eccleston, “Both the value and number of cargo claims have soared in recent months due to unprecedented freight rates, sometimes exceeding cargo values, and because ships and crews are working flat out. The A-rated club says P&I claims values are also increasing due to weakness of the US dollar, which has fallen substantially against most major currencies recently.

05 Mar 2002

ILO Protocol on Seafarers' Conditions Sets International Legal Precedent

The International Labor Organization (ILO) campaign for minimum standards at work for seafarers has received an important boost with the forthcoming entry into force of two key international labor standards governing hours of work and the right to inspect ships. The 1996 Protocol to Convention No. 147* is set to make an international legal precedent as the first international instrument to allow countries to inspect ships purely because of concerns over seafarers' hours of work. The inspections will be legal even on ships that are sailing under the flag of a country which has not ratified Convention 147 or the Protocol. The Protocol will come into force on January 10, 2003.

09 Feb 2005

Norway Urged to Ratify HNS Convention 1996

A recent report from the Permanent Norwegian Law Commission for Maritime Matters has recommended that Norway ratifies the HNS Convention 1996. insurers. insolvent. Gjelsten, newly-appointed partner at Oslo-based law firm Wikborg Rein. those under the 1976 Limitation Convention as amended by the 1996 Protocol. property damage. limitation amount of approximately $95,700,000," explains Gjelsten. shipowners and their liability insurers. limitation amounts for shipowners and their insurers. financed by the receivers of HNS cargo through a tax payable to the fund.