To the
Athens Correspondence Group
Dear
Colleagues,
I would
like to lead your attention to the statement from the International Group of
P&I Clubs on the terrorism aspects of insurance related to the Athens
Protocol, which is due to be presented at the IMO Legal Committee 21 or 22
April. The statement, together with some background information, can be
retrieved at <https://rosaeg.no/uio/corrgr/index.html#9-11>.
The
issue seems to be the very same as was pointed out by the Clubs at the
Diplomatic Conference (LEG/CONF.13/11 and LEG/CONF.13/18; see <https://rosaeg.no/uio/corrgr/index.html#prot>
): Although the carrier has no liability for terrorism under the Athens
Convention (Art 3(1)(b)), the carrier may be liable if he has contributed to
the damage by not following the rules laid down to prevent terrorist attacs,
etc. This terrorism-related liability can be difficult to (re)insure.
States
may wish to
·
consider
to develop an understanding of the "wholly caused" by terrorism-
exception in Art 3 that meets the concern of the insurers and that would be
binding under Art 31(3) of the Vienna Convention <http://www.un.org/law/ilc/texts/treaties.htm>
·
advise
ship owners to find this part of the
·
establish
a working group on the matter
·
consider
government intervention, as the
There is
a similar issue in relation to the HNS Convention and Bunkers Convention.
Regards,
Erik
Røsæg
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Professor Erik Rosaeg
Director, Scandinavian
Institute of Maritime Law, University
of Oslo
POB 6706 St. Olavs plass
N-0130 Oslo, Norway
Tel: (+47) 22 85 97 52
Fax: (+47) 97 38 49 98
Internet:
<mailto:erik.rosag@jus.uio.no
(Erik Rosaeg)>
https://rosaeg.no/erikro/index.html
++++++++++++++++++++++++++++++++++++++++++++++++++++++++++