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Web Alert: Definition of 'ship' under Article I (1) of the 1992 Civil Liability Convention (CLC) – follow up.
News & Insights 20 October 2016
In our web alert dated 25 September 2015, we reported about the guidance prepared by the IPOC Funds’ secretariat to ascertain whether a vessel falls within or outside the definition of 'ship' under Article I (1) of the 1992 Civil Liability Convention (CLC). This guidance has been approved (with minor editorial correction) by the 1992 Fund governing bodies in April 2016 and is now available to download at the IPOC Funds website.
In our web alert dated 25 September 2015, we reported about the guidance prepared by the IPOC Funds’ secretariat to ascertain whether a vessel falls within or outside the definition of 'ship' under Article I (1) of the 1992 Civil Liability Convention (CLC). This guidance has been approved (with minor editorial correction) by the 1992 Fund governing bodies in April 2016 and is now available to download at the IPOC Funds website.
Please note that the preface of the Guidance document clearly states that 'this document reflects the decision taken by Member States of the International Oil Pollution Compensation Fund, 1992 (1992 Fund) at the October 2015 session of the 1992 Fund Administrative Council (document IOPC/OCT15/11/1, paragraph 4.3.23), and should not be seen as an authoritative interpretation of the relevant international Conventions'. In other words, the Courts will carry on deciding on the application of the Conventions which may lead to conflicting outcomes.