Naslov
The Role of P&I Insurance in Implementing the Amendments to the MLC 2014

Autori
Petrinović, Ranka ; Lovrić, Ivana ; Perkušić, Trpimir

Izvornik
Transactions on maritime science (1848-3305) 6 (2017), 1; 39-47

Vrsta, podvrsta i kategorija rada
Radovi u časopisima, izvorni znanstveni članak, znanstveni

Ključne riječi
Maritime Labour Convention ; 2006 ; Amendments of 2014 to the MLC ; repatriation ; abandoned seafarers ; shipowners contractual liability ; financial security ; P&I Clubs ; MLC Extension Clause ; Regulations on the implementation of the Maritime Labour Convention ; 2006.

Sažetak
Maritime Labour Convention, 2006 stipulates mandatory financial security for repatriation costs (Standard A2.5) and contractual compensations related to death or long-term disability of seafarers due to an occupational injury, illness or hazard (Standard A4.2) that is to be provided by the shipowner. However, financial security system set in the MLC Convention was prescribed very broadly and insufficiently precise, and therefore it opened a number of questions and doubts. Among others, the following are particularly interesting: what is the legal nature of the MLC financial security ; from the insurance standpoint, is this life or accident insurance, or is it liability insurance ; who has an insurable interest and what is the nature of that interest ; which document proves fulfillment of MLC requirements. Due to the necessity of improving financial security provisions, in 2014 Amendments to the MLC were adopted that came into force in January 2017. Although the MLC explicitly doesn’t prescribe a system of compulsory insurance, with the third injured party right to a direct claim (actio directa) towards the liability insurer, marine insurance given its characteristic, appeared as a very suitable method for fulfilling MLC requirements – especially P&I insurance. All clubs within the International Group of P&I Clubs have agreed to assist their members (shipowners) in complying with these additional financial security requirements under the Amendments to the MLC and issue their members with MLC Certificates. MLC Certificates refer to the MLC Extension Clause, 2016 and thus subject the insurance to conditions and limitations in the said clause. MLC Extension Clause provisions will be added to clubs P&I Rules which form the standard P&I cover.

Izvorni jezik
Engleski

Znanstvena područja
Tehnologija prometa i transport, Pravo

POVEZANOST RADA