The HNS Convention(International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea,2010)covers any damage caused by the carriage by sea of h...The HNS Convention(International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea,2010)covers any damage caused by the carriage by sea of hazardous and noxious substances in the territory or territorial sea of a State Party to the Convention.The costs of preventive actions,i.e.measures to avoid or minimize damage,are also covered wherever taken.The HNS Convention includes preventive measures as any reasonable measures taken by any person after an incident has occurred to prevent or minimize damage,i.e.actions such as clean-up or removal of HNS from a wreck if the HNS presents a hazard or pollution risk.It seems that after the CLC(Civil Liability Convention),much environmental legislation has lost the concept of pro-activeness/prevention of an environmental hazard and is more focused on compensation and reactiveness.This approach is not consistent with the purpose of environmental legislation and the examination of the basic principles of the HNS Convention in parallel with distinctive environmental hazards proves this theory of reactive strategy.The methodology is based on the exploratory research principles and the legal doctrine,utilizing legislation and case law as the primary source of data,aiming to examine the effects of the HNS’s entry into force by studying cases that are inside its authority and scope.展开更多
文摘The HNS Convention(International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea,2010)covers any damage caused by the carriage by sea of hazardous and noxious substances in the territory or territorial sea of a State Party to the Convention.The costs of preventive actions,i.e.measures to avoid or minimize damage,are also covered wherever taken.The HNS Convention includes preventive measures as any reasonable measures taken by any person after an incident has occurred to prevent or minimize damage,i.e.actions such as clean-up or removal of HNS from a wreck if the HNS presents a hazard or pollution risk.It seems that after the CLC(Civil Liability Convention),much environmental legislation has lost the concept of pro-activeness/prevention of an environmental hazard and is more focused on compensation and reactiveness.This approach is not consistent with the purpose of environmental legislation and the examination of the basic principles of the HNS Convention in parallel with distinctive environmental hazards proves this theory of reactive strategy.The methodology is based on the exploratory research principles and the legal doctrine,utilizing legislation and case law as the primary source of data,aiming to examine the effects of the HNS’s entry into force by studying cases that are inside its authority and scope.
