Cover for marine pollution fines in P&I insurance

Abstract

This thesis aims to analyse the fines regime and the P&I insurance cover for the same in marine pollution claims. An understanding of the foundations of marine pollution liability is necessary to grasp the content of the P&I cover for fines of the same and will thus be presented. The perspectives applied for the subject field is partly that of the authorities, partly that of the P&I insurance industry. The underlying cause for this investigation is the disunity that may arise when actors have different interests but also the unity existing at the same time as the actors are to work towards the common goal of the protection of the marine environment. In addition, the thesis discusses whether the fines regime for marine pollution works as intended. The thesis also comprehends the important question of whether there is anything contradictory in P&I clubs providing this type of insurance for marine pollution fines. The reason behind this inquiry derives from the general conception of insurance law that insurance for fines and penalties in principle is not allowed. The examination of the thesis is primarily made on the basis of the situation in Norway, with comparisons to international and English law when this serves a purpose.