|其它题名: ||A study on SCOPIC clause of protection and indemnity club|
|作者: ||張瑞庭;Chang, Jui-Ting|
廖述源;Liao, Shuh-Yuan;曾文瑞;Tseng, Wen-Jui
|关键词: ||船東責任保險特別補償條款;責任限額;海難救助;油污染;SCOPIC;Salvage;Limitation of Liability;Oil Pollution|
|上传时间: ||2015-05-04 09:46:23 (UTC+8)|
Oil spill caused by ship accidents is a serious problem. With the rise of environmental awareness, people are paying greater attention to oil spills in the ocean. So far, many international conventions on compensation for damages caused by oil spills have been established. This study attempted to analyze articles governing the scope of application, subject of liability, limitation of liability, and compulsory insurance in these conventions. This study used the 2014 agreement of UK Britannia Ship Owners’ Liability Insurance (P&I Club) as an example and investigate the insurance coverage of P&I Club and the scope of its liabilities for ship owners over damages caused by oil spills.
To encourage salvors’ protection of the environment, the provisions of Article 14 of the International Convention on Salvage 1989 were created despite defying the “No Cure – No Pay” principle. However, many uncertainties still surrounded the application of these provisions in practice. In 1999, P&I Clubs introduced the SCOPIC clause to address the insufficiency of special compensation under the convention and solve controversies, uncertainties, complicated calculation of the remuneration.
This study probed into the content of SCOPIC, with specific focuses on its applicability, withdrawal, tariff rates, award and payment of SCOPIC remuneration, and also discussed the advantages and disadvantages of these clauses for salvors and ship owners. Results of this study could be a reference for researchers of special compensation for ship owners over oil spills salvage.