UNIDROIT Convention

A strict liability regime has also been adopted by several international legal instruments, namely in the Council of Europe Convention (see 31.3.2.2), the UNIDROIT Convention (31.3.1.3) and the EC Directive for defective products (31.3.1.1). Such a regime is proposed to be adopted in the waste liability directive proposal (31.3.1.2) and in the draft HNS Convention (31.3.1.4). Also, the Commission Green Paper (31.3.3) clearly favors strict liability as a basis for liability on environmental damage. 

Different from the UNIDROIT Convention described above, is a draft International Convention on liability and compensation that covers eqiecially hazardous and noxious substances when carried by sea [7]. This work is carried out by the International Maritime Organization (IMO) and maintains as a priority for coming years. 

The shipowner would be UaUe for damage caused by any hazardous and noxious substances in connection with their carriage by sea on board. Usual liability exemptions as in the context of the UNIDROIT Convention would apply. TTie feasibility of establishing a second tier, ie, an additional, non-liability, related special compensation scheme, was still under consideration in the 1993 sessions of the IMO Legal Committee. 

The Convention covers legal categories traditionally included under the concept of damage in civil law, ie, loss of life or personal injury. Additionally, the text introduces the concept of loss or damage by impairment of the environment provided that compensation shall be limited to the costs of measures of reinstatement actually undertaken or to be undertaken. Since the environment is defined in a remarkably broad manner as already previously noted, it seems obvious that the Convention goes clearly beyond the precedents established in the UNIDROIT Convention or in the EC draft Directive on liability for waste. As referred to, the environment means in the context of the Convention ... 

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