Displaying 1 - 54 of 54

Paragraphs in "International Convention On Liability And Compensation For Damage In Connection With The Carriage Of Hazardous And Noxious Substances By Sea" coded as HOBS

Label Provision
Art.13 Article 13
Art.13.1 1. The International Hazardous and Noxious Substances Fund (HNS Fund) is hereby established with the following aims:
Art.13.1.a (a) to provide compensation for damage in connection with the carriage of hazardous and noxious substances by sea, to the extent that the protection afforded by Chapter II is inadequate or not available; and
Art.13.1.b (b) to give effect to the related tasks set out in Article 15.
Art.13.2 2. The HNS Fund shall in each State Party 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 State Party shall recognize the Director as the legal representative of the HNS Fund.
Art.24 Article 24
Art.24.1x The HNS Fund shall have an Assembly and a Secretariat headed by the Director.
Art.25 Article 25
Art.25.1x The Assembly shall consist of all States Parties to this Convention.
Art.26 Article 26
Art.26.1x The functions of the Assembly shall be:
Art.26.1x.a (a) to elect at each regular session its President and two Vice-Presidents who shall hold office until the next regular session;
Art.26.1x.b (b) to determine its own rules of procedure, subject to the provisions of this Convention;
Art.26.1x.c (c) to develop, apply and keep under review internal and financial regulations relating to the aim of the HNS Fund as described in Article 13, paragraph 1(a), and the related tasks of the HNS Fund listed in Article 15;
Art.26.1x.d (d) 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.26.1x.e (e) to adopt the annual budget prepared in accordance with Article 15(b);
Art.26.1x.f (f) to consider and approve as necessary any recommendation of the Director regarding the scope of definition of contributing cargo;
Art.26.1x.g (g) to appoint auditors and approve the accounts of the HNS Fund;
Art.26.1x.h (h) to approve settlements of claims against the HNS Fund, to take decisions in respect of the distribution among claimants of the available amount of compensation in accordance with Article 14 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 damage are compensated as promptly as possible;
Art.26.1x.i (i) to establish a Committee on Claims for Compensation with at least 7 and not more than 15 members and any temporary or permanent subsidiary body it may consider to be necessary, to define its terms of reference and to give it the authority needed to perform the functions entrusted to it; when appointing the members of such body, the Assembly shall endeavour to secure an equitable geographical distribution of members and to ensure that the States Parties are appropriately represented; the Rules of Procedure of the Assembly may be applied, mutatis mutandis , for the work of such subsidiary body;
Art.26.1x.j (j) to determine which States not party to this Convention, which Associate Members of the Organization and which intergovernmental and international non-governmental organizations shall be admitted to take part, without voting rights, in meetings of the Assembly and subsidiary bodies;
Art.26.1x.k (k) to give instructions concerning the administration of the HNS Fund to the Director and subsidiary bodies;
Art.26.1x.l (l) to supervise the proper execution of this Convention and of its own decisions;
Art.26.1x.m (m) to review every five years the implementation of this Convention with particular reference to the performance of the system for the calculation of levies and the contribution mechanism for domestic trade; and
Art.26.1x.n (n) to perform such other functions as are allocated to it under this Convention or are otherwise necessary for the proper operation of the HNS Fund.
Art.27 Article 27
Art.27.1 1. Regular sessions of the Assembly shall take place once every calendar year upon convocation by the Director.
Art.27.2 2. Extraordinary sessions of the Assembly shall be convened by the Director at the request 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 President of the Assembly. The Director shall give members at least thirty days' notice of such sessions.
Art.28 Article 28
Art.28.1x A majority of the members of the Assembly shall constitute a quorum for its meetings.
Art.33 Article 33
Art.33.1x The following provisions shall apply to voting in the Assembly:
Art.33.1x.a (a) each member shall have one vote;
Art.33.1x.b (b) except as otherwise provided in Article 34, decisions of the Assembly shall be made by a majority vote of the members present and voting;
Art.33.1x.c (c) decisions where a two-thirds majority is required shall be a two-thirds majority vote of members present; and
Art.33.1x.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.34 Article 34
Art.34.1x The following decisions of the Assembly shall require a two-thirds majority:
Art.34.1x.a (a) a decision under Article 19, paragraphs 4 or 5 to suspend or reinstate the operation of a separate account;
Art.34.1x.b (b) a decision under Article 22, paragraph 2, not to take or continue action against a contributor;
Art.34.1x.c (c) the appointment of the Director under Article 26(d);
Art.34.1x.d (d) the establishment of subsidiary bodies, under Article 26(i), and matters relating to such establishment; and
Art.34.1x.e (e) a decision under Article 51, paragraph 1, that this Convention shall continue to be in force.
Art.44 Article 44
Art.44.1x The Secretary-General shall convene the first session of the Assembly. This session shall take place as soon as possible after the entry into force of this Convention and, in any case, not more than thirty days after such entry into force.
Art.47 Article 47
Art.47.1 1. A conference for the purpose of revising or amending this Convention may be convened by the Organization.
Art.47.2 2. The Secretary-General shall convene a conference of the States Parties to this Convention for revising or amending the Convention, at the request of six States Parties or one-third of the States Parties whichever is the higher figure.
Art.47.3 3. Any consent to be bound by this Convention expressed after the date of entry into force of an amendment to this Convention shall be deemed to apply to the Convention as amended.
Art.50 Article 50
Art.50.1 1. Any State Party 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 from the remaining States Parties, request the Director to convene an extraordinary session of the Assembly. The Director shall convene the Assembly to meet not less than sixty days after receipt of the request.
Art.50.2 2. The Director may take the initiative to convene an extraordinary session of the Assembly to meet within sixty days after the deposit of any instrument of denunciation, if the Director considers that such denunciation will result in a significant increase in the level of contributions from the remaining States Parties.
Art.50.3 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 from the remaining States Parties, any such State may, not later than one hundred and twenty days before the date on which the denunciation takes effect, denounce this Convention with effect from the same date.