1996년 유해 독극물(HNS)협약 및 2010년 의정서에 대한 연구

Abstract

A diplomatic conference held at IMO in 1996 passed HNS Convention in order to regulate liability and compensation resulted from the pollution caused by the escape of Hazard and Noxious substances from vessels. However, it has not came into force yet. In order to achieve early ratification of the Convention, international maritime community tried to ascertain the reason why the Convention does not attract national governments. HNS Focus Group in the IOPC FUND drafted Protocol to amend the HNS Convention in 2008 and it was submitted to the IMO Legal Committee. In June 2010, another diplomatic conference was held at IMO. It passed the 2010 Protocol to HNS Convention. There are three major changes in the Protocol. Because the numbers of packaged HNS substances are so many and it may give heavy burden to the national government. The Protocol deleted packaged HNS substances from the application of the Convention in terms of contributing fund for the purpose of alleviating the national government's reluctance to ratify the Convention. However, the pollution damages caused by packaged HNS substances are still payable by Fund in other account. In order to complementing the deficit of Fund due to eliminating the packaged HNS substances from the contributing cargo, the limitation amount of the ship owner was inevitable. The Protocol increase the limitation amount of the ship owner. LNG is one of HNS substances subject to the Convention. The contributor for Fund in LNG account was the titleholder prior to the discharging of the cargo at the original Convention. Accordingly, the exporter was the person to pay contribution. Based on the argument that the FUND can not control exporters when they are persons in the non-contracting states and many countries in which many future exporters exist may not ratify, the Protocol changed the main contributor for LNG account from the title holders prior to the discharging to the receiver in line with other HNS substances.