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International Maritime Organization's Resolution on the Interpretation of the Breaking the Right to Limit Liability
(Ankara Üniversitesi Deniz Hukuku Ulusal Araştırma Merkezi, 2022) Comert, Venus; Süzel, Cüneyt
The shipowner’s liability is limited for claims set out in Article 2 of the Convention on Limitation of Liability for Maritime Claims, 1976 and the Protocol of 1996 to Amend the Convention on Limitation of Liability for Maritime Claims, 1976 and for claims regarding oil pollution from a tanker pursuant to the International Convention on Civil Liability for Oil Pollution Damage, 1992. Limitation of liability provisions shall not be applied in case the level of culpability stipulated in the relevant articles of the Conventions is proven. By way of its three decisions dated 15/12/2021, the International Maritime Organisation (IMO) has adopted common interpretation rules including the other conventions providing similar regulations to ensure that the level of culpability expressed as “wilful conduct” shall be interpreted in a uniform manner by the State Parties and courts of the State Parties. This article evaluates the IMO’s decision regarding the common interpretation of Article 4 of the Convention on Limitation of Liability, 1976 by examining the travaux préparatoires of the Convention, the level of culpability stipulated in the Conventions and the effect of wilful misconduct on insurance contracts.