Displaying 1 - 52 of 52

Paragraphs in "International Convention On The Establishment Of An International Fund For Compensation For Oil Pollution Damage" coded as HOBS

Label Provision
Art.2 Article 2
Art.2.1 1. An International Fund for compensation for pollution damage, to be named "The International Oil Pollution Compensation Fund" and hereinafter referred to as "The Fund", is hereby established with the following aims:
Art.2.1.a (a) to provide compensation for pollution damage to the extent that the protection afforded by the Liability Convention is inadequate;
Art.2.1.b (b) to give relief to shipowners in respect of the additional financial burden imposed on them by the Liability Convention, such relief being subject to conditions designed to ensure compliance with safety at sea and other conventions;
Art.2.1.c (c) to give effect to the related purposes set out in this Convention.
Art.2.2 2. The Fund shall in each Contracting State be recognized as a legal person capable under the laws of that State of assuming rights and obligations and of being a party in legal proceedings before the courts of that State. Each Contracting State shall recognize the Director of the Fund (hereinafter referred to as "The Director") as the legal representative of the Fund.
Art.16 Article 16
Art.16.1x The Fund shall have an Assembly, a Secretariat headed by a Director and, in accordance with the provisions of Article 21, an Executive Committee.
Sect.5 ASSEMBLY
Art.17 Article 17
Art.17.1x The Assembly shall consist of all Contracting States to this Convention.
Art.18 Article 18
Art.18.0x The functions of the Assembly shall, subject to the provisions of Article 26, be:
Art.18.1 1. to elect at each regular session its Chairman and two Vice-Chairmen who shall hold office until the next regular session;
Art.18.2 2. to determine its own rules of procedure, subject to the provisions of this Convention;
Art.18.3 3. to adopt Internal Regulations necessary for the proper functioning of the Fund;
Art.18.4 4. to appoint the Director and make provisions for the appointment of such other personnel as may be necessary and determine the terms and conditions of service of the Director and other personnel;
Art.18.5 5. to adopt the annual budget and fix the annual contributions;
Art.18.6 6. to appoint auditors and approve the accounts of the Fund;
Art.18.7 7. to approve settlements of claims against the Fund, to take decisions in respect of the distribution among claimants of the available amount of compensation in accordance with Article 4, paragraph 5, and to determine the terms and conditions according to which provisional payments in respect of claims shall be made with a view to ensuring that victims of pollution damage are compensated as promptly as possible;
Art.18.8 8. to elect the members of the Assembly to be represented on the Executive Committee, as provided in Articles 21, 22 and 23;
Art.18.9 9. to establish any temporary or permanent subsidiary body it may consider to be necessary;
Art.18.10 10. to determine which non-Contracting States and which inter-governmental and international non-governmental organizations shall be admitted to take part, without voting rights, in meetings of the Assembly, the Executive Committee, and subsidiary bodies;
Art.18.11 11. to give instructions concerning the administration of the Fund to the Director, the Executive Committee and subsidiary bodies;
Art.18.12 12. to review and approve the reports and activities of the Executive Committee;
Art.18.13 13. to supervise the proper execution of the Convention and of its own decisions;
Art.18.14 14. to perform such other functions as are allocated to it under the Convention or are otherwise necessary for the proper operation of the Fund.
Art.19 Article 19
Art.19.1 1. Regular sessions of the Assembly shall take place once every calendar year upon convocation by the Director; provided, however, that if the Assembly allocates to the Executive Committee the functions specified in Article 18, paragraph 5, regular sessions of the Assembly shall be held once every two years.
Art.19.2 2. Extraordinary sessions of the Assembly shall be convened by the Director at the request of the Executive Committee or of at least one-third of the members of the Assembly and may be convened on the Director's own initiative after consultation with the Chairman of the Assembly. The Director shall give members at least thirty days' notice of such sessions.
Art.20 Article 20
Art.20.1x A majority of the members of the Assembly shall constitute a quorum for its meetings.
Sect.5 EXECUTIVE COMMITTEE
Art.32 Article 32
Art.32.1x The following provisions shall apply to voting in the Assembly and the Executive Committee:
Art.32.1x.a (a) each member shall have one vote;
Art.32.1x.b (b) except as otherwise provided in Article 33, decisions of the Assembly and the Executive Committee shall be by a majority vote of the members present and voting;
Art.32.1x.c (c) decisions where a three-fourths or a two-thirds majority is required shall be by a three-fourths or two-thirds majority vote, as the case may be, of those present;
Art.32.1x.d (d) for the purpose of this Article the phrase "members present" means "members present at the meeting at the time of the vote", and the phrase "members present and voting" means "members present and casting an affirmative or negative vote". Members who abstain from voting shall be considered as not voting.
Art.33 Article 33
Art.33.1 1. The following decisions of the Assembly shall require a three-fourths majority:
Art.33.1.a (a) an increase in accordance with Article 4, paragraph 6, in the maximum amount of compensation payable by the Fund;
Art.33.1.b (b) a determination, under Article 5, paragraph 4, relating to the replacement of the Instruments referred to in that paragraph;
Art.33.1.c (c) the allocation to the Executive Committee of the functions specified in Article 18, paragraph 5.
Art.33.2 2. The following decisions of the Assembly shall require a two-thirds majority:
Art.33.2.a (a) a decision under Article 13, paragraph 3, not to take or continue action against a contributor;
Art.33.2.b (b) the appointment of the Director under Article 18, paragraph 4;
Art.33.2.c (c) the establishment of subsidiary bodies, under Article 18, paragraph 9.
Art.42 Article 42
Art.42.1 1. Any Contracting State may, within ninety days after the deposit of an instrument of denunciation the result of which it considers will significantly increase the level of contributions for remaining Contracting States, request the Director to convene an extraordinary session of the Assembly. The Director shall convene the Assembly to meet not later than sixty days after receipt of the request.
Art.42.2 2. The Director may convene, on his own initiative, an extraordinary session of the Assembly to meet within sixty days after the deposit of any instrument of denunciation, if he considers that such denunciation will result in a significant increase in the level of contributions for the remaining Contracting States.
Art.42.3 3. If the Assembly at an extraordinary session convened in accordance with paragraph 1 or 2 decides that the denunciation will result in a significant increase in the level of contributions for the remaining Contracting States, any such State may, not later than one hundred and twenty days before the date on which that denunciation takes effect, denounce this Convention with effect from the same date.