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 <http://folk.uio.no/erikro/WWW/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 <http://folk.uio.no/erikro/WWW/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 Athens insurance elsewhere

·         establish a working group on the matter

·         consider government intervention, as the US program on terrorism insurance (see <http://www.ustreas.gov/offices/domestic-finance/financial-institution/terrorism-insurance/> )

 

 

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)>
        http://folk.uio.no/erikro/index.html
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