ABSTRACT
Chapter 22 is concerned with limitation of liabilities for marine environmental claims where these arise independently of liability regimes containing their own limitation rules (such as the Civil Liability and HNS Conventions), and where limitation depends on other national or international laws governing limitation of liability for maritime claims. The principal focus is on the application in such cases of the 1976 Limitation Convention (LLMC) as amended. Noting that no reference is made to pollution or the environment in LLMC’s list of limitable claims, the chapter examines limitation in respect of various types of claims arising from pollution, as well as for costs of preventive measures and wreck removal. Reference is made to the preparatory works of LLMC to cast light on these issues, as well as on the intended effect of provisions which determine when the right of limitation is lost due to the conduct of the owner.
