The International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea, 2010 (HNS Convention), is set to enter into force following the deposit of four more States' instruments of ratification. This development brings the treaty's entry into force a step closer, as it requires at least 12 Contracting States to express their consent to be bound by it. The HNS Convention aims to provide adequate, prompt, and effective compensation for those affected by incidents involving hazardous and noxious substances (HNS) carried on seagoing ships.
The treaty's entry into force is particularly relevant given the increasing amounts of chemicals and alternative fuels being transported in bulk by sea. This growing trend highlights the need for a robust framework to address liability and compensation issues related to HNS carriage. The HNS Convention seeks to fill this gap by establishing a clear framework for liability, compensation, and cooperation among Contracting States.
The 2010 HNS Protocol requires States to submit data on the total quantities of HNS contributing cargo liable for contributions received in that State during the preceding calendar year. This requirement is designed to ensure transparency and accountability among States in their efforts to implement the treaty's provisions.
The entry into force of the HNS Convention will have significant implications for the shipping industry, particularly with regards to liability and compensation issues related to HNS carriage. As the use of HNS continues to grow, it is essential that a robust framework is in place to address these concerns.
The 2010 HNS Protocol requires States to meet certain criteria before its entry into force can be confirmed. Specifically, the treaty requires at least 12 Contracting States to express their consent to be bound by it, including four States each with not less than 2 million units of gross tonnage.
Five of the eight States that had previously ratified the treaty had more than 2 million units of gross tonnage each. This demonstrates a growing level of commitment among States to implementing the HNS Convention's provisions.
The Protocol also requires States to submit data on the total quantities of HNS contributing cargo liable for contributions received in that State during the preceding calendar year. This requirement is designed to ensure transparency and accountability among States in their efforts to implement the treaty's provisions.
The entry into force date of the HNS Convention will be confirmed after 31 May 2026, based on data submitted by existing eight Contracting States in 2025. The total quantity received by these States in 2025 is almost 28 million tonnes of HNS contributing cargo.
The HNS Convention's entry into force marks a significant step towards ensuring adequate compensation for those affected by hazardous substance incidents on the high seas. As the use of HNS continues to grow, it is essential that a robust framework is in place to address liability and compensation issues related to HNS carriage.
The entry into force of this treaty marks a significant step towards ensuring adequate compensation for those affected by hazardous substance incidents on the high seas.
