第六章--船舶海域污染损害赔偿.ppt

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 判决的承认与执行(Recognition and enforcement)? 1992 CLC 2001 Bunker Convention: Any judgement given by a Court with jurisdiction which is enforceable in the State of origin where it is no longer subject to ordinary forms of review, shall be recognised in any State Party, except: (a) where the judgement was obtained by fraud; or (b) where the defendant was not given reasonable notice and a fair opportunity to present his or her case. 第三节 海洋环境污染损害赔偿责任的强制保险或者财务保证与直接诉讼制度 Compulsory insurance or financial security, direct action against insurer or other person providing financial security 实施制度的领域 CLC 2001 Bunker Convention 2002 Athens Convention 1996年HNS公约 《1962年核动力船舶经营人责任公约》 《 1997年关于核损害民事责任的维也纳公约》 适用的船舶 CLC a ship carrying more than 2000 tons of oil as cargo in bulk registered in a State Party shall be required to maintain? insurance or other financial security, such as the guarantee of a bank or similar financial institution, to cover the liability of the registered owner for pollution damage in an amount equal to the limits of liability. Such a ship not registered in a State Party shall be required to hold the certificate. 2001 Bunker Convention ship having a gross tonnage greater than 1000 registered in a State Party 美国《1990年油污法》 任何超过300总吨的船舶进入美国管辖水域，必须持有美国海岸警卫队签发的财务责任证书（Certificate of Financial Responsibility：COFR） 油污损害民事责任保险或者其他财务保证证书 Certificate of Insurance or Other Financial Security in Respect of Civil Liability for Oil Pollution Damage vessels under CLC Certificate of Insurance or Other Financial Security in Respect of Civil Liability for Bunker Oil Pollution Damage other vessels under 2001 Bunker Convention CLC 2001 Bunker Convention: A certificate attesting that insurance or other financial security is in force in accordance with the provisions of this Convention shall be issued to each ship after the appropriate authority of a State Party has determined that the requirements of pa