Subject: Athens Correspondence Group (IMO Legal Committee): Short reply to p&I
From: Erik Røsæg
Date: Wed, 29 Mar 2006 06:30:37 +0200
To: Lloyd Watkins
Thank you for clarifying your views on shipowner liability for negligence in conjunction with terrorism acts, where you ask that shipowners are exempted from their current liability. It would be useful to know whether there is any government support for this proposal.
The paper does not "re-open" this issue, as it has never been concluded, and certainly not in favor of the shipowners' view.
Norway's most recent paper, which you comment, does not deal with this issue. The paper deals with item 2 of the Draft Guidelines, viz. insurance. The liability issue is dealt with in item 1.4 of the Draft Guidelines. I gather that you in that respect prefer option 4, or option 3 in conjunction with the most recent Norwegian paper.
Lloyd Watkins wrote:
Thank you for circulating the Norwegian submission relating to the
exclusion of terrorism insurance. This submission seems to re-open the
possibility of imposing liability for terrorism on shipowners even where
they have no insurance to cover that liability. Like our shipowner
members, we would find such a proposal unacceptable. After several
rounds of discussion with Club Boards we are hopeful that we will be
able to give a positive message to the Legal Committee in April on the
general issue of cover and certification. However all the
representations that have been made to Club Boards have been on the
basis that a satisfactory solution would be found to the terrorist
issue. I should therefore point out for the avoidance of doubt that
from the point of view of Club Boards it would not be a satisfactory
solution to make the shipowner liable without insurance under the Athens
Convention in respect of terrorism.
I would be grateful if you would circulate this message to the
Correspondence Group. Could you please at the same time also circulate
the submission which we put into the Legal Committee last Friday
Professor Erik Røsæg (Rosaeg)
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