International Convention on Liability and Compensation for Damage is Connection with The Carriage of Hazardous and Noxious Substances by Sea (HNS): An Analysis

The HNS Convention, 1996 establishes an international liability framework addressing damage caused by Hazardous and Noxious Substances (HNS) in the marine environment. Analysis of the 1996 Convention reveals procedural deficiencies within its liability regime, subsequently rectified through the enactment of the 2010 Protocol. The completion of these amendments underscores the imperative for state ratification, facilitating the convention's enforcement. Failure to implement this unified global regime risks the proliferation of disparate local legal frameworks governing HNS spill liability, potentially exacerbating logistical and legal complexities. Therefore, universal adoption of the convention is essential to ensure comprehensive and effective international regulation in this critical area. The HNS Convention introduces a two-tier strict liability system towards the ship owners and shippers. The convention provides a system to compensate the victims who have faced damages due to the HNS substances which were being carried by the sea vessels.