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Study On The Development Of HNS 1996 And Response Of China

Posted on:2011-02-24Degree:MasterType:Thesis
Country:ChinaCandidate:S W GuFull Text:PDF
GTID:2166330332463223Subject:Law
Abstract/Summary:PDF Full Text Request
Since the 70s 20th Century more and more hazardous and noxious substances(HNS for short hereinafter) carried by sea.Meanwhile.the ships which carried HNS became more large. This seriously threatened the marine. The international community fully aware of usness of the problem. The Inter-Governmental Maritime Consultative Organization (now the International Maritime Organization) has been reseaching and developing the International Convention about HNS damages since1975.The International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea (HNS 1996 Convention for short hereinafter) approved in 1996. But for various reasons, the Convention has not entered into force. International Maritime Organization has been working on amendment of the HNS 1996 Convection.2010 Protocol of HNS 1996 Convention approved in april 2010,The Protocol solved some difficult issues that hindered the HNS 1996 Convention entered into force.The coastline of China is more than 18,000 kilometers.Meanwhile,we have rich marine resources. HNS carried by sea of China is a great threat to the marine environment. We have any civil law which resolve the HNS Compensation issues basically.This paper is composed of three parts:Partâ… :Introduction of the development of HNS1996 Convention and the difficult issues hindered he HNS 1996 Convention entered into force. It first introduces the background of HNS 1996 Convention and then the working-out process of HNS 1996 Convention. Finally,it explains three issues hindered the HNS 1996 Convention entered into force:definition of the receiver; LNG contributions; report of contributing cargo.Partâ…¡:It introduces development of HNS 1996 Convention and solutions of Protocol of 2010,Especially working-out process of 2010 Protocol of HNS 1996 Convention. By researching on the basic articles and characteristics of the Protocol, the author concludes the solutions to three issues hindered the HNS 1996 Convention entered into force.Partâ…¢:The author puts forward related proposals that reply to HNS 2010 Convention. First, by analyzing the HNS damages in our country, nadequate domestic legislation and mechanisms and the HNS 2010 Convention impact on China,the author shows that China should actively prepare for consent to be bound by HNS 2010 Convention, Then china should establish and improve relevant mechanisms with Chinese characteristics.
Keywords/Search Tags:2010 Protocol of HNS, Difficult issues, Mechanisms
PDF Full Text Request
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