Chapter 5: Requirements of Liability and Admissibility of Claims 149
149 Chapter 5: Requirements of Liability and Admissibility of Claims The success of an action for liability and compensation will truly depend on the fulfillment of requirements laid down under the particular law that establish the relevant legal regime. The foregoing chapter focuses on this aspect that generates highly controversial issues pertaining to different systems of law and respective requirements for liability in such different jurisdictions. The success of an inter- national regime such as the Bunkers Convention would truly depend on common adherence of States Parties in applying unified rules647 on the subject. Satisfaction and fulfillment of these aspects would certainly promote, enhance and guarantee the effectiveness of the regime, which is the primary goal of the Convention. The final outcome of the Convention has appeared to have covered most of the conceptual requirements of strict liability that are visible in most if not all similar regimes. Article 3 extensively deals with the liability aspect of the shipowner as discussed previously in Chapter 4 together with the defences that are normally accorded under the rule of strict liability648. Limitation of liability is dealt in Ar- ticle 6 in coping with conventional goals of reducing the burden based on certain accepted criterion, and which will be discussed later in Chapter 7.649 Article 7 which deals with compulsory insurance and financial security plays an important role in supplementing the financial risk factor of the shipowner which is based on strict liability, but will not be discussed in essence in this piece...
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