I tentativi di regolamentazione internazionale del risarcimento dei danni provocati da sostanze pericolose e nocive trasportate via mare: la Convenzione HNS 1996 ed il Protocollo 2010

The growing tendency to carry hazardous substances of different kinds by sea has increased the risk of serious damage not only to cargo, but also to ships, persons, goods and, not least in importance, to the marine environment. Despite this, today there is no specific regulation in force governing liability and compensation for such damage. In fact, neither the 1996 London International Convention on liability and compensation for damage in connection with the carriage of hazardous and noxious substances (HNS) nor its amending 2010 Protocol have reached the necessary minimum number of ratifications. After briefly outlining the fundamental principles of the 1996 HNS Convention and of the amendments made by the 2010 Protocol, the Author first identifies the reasons for the lack of success of these regulations. The Author then addresses the question of whether, due to the absence of specific rules, the general regulation in force on the shipowner ‟s liability is adequate to guarantee satisfactory compensation for damage in connection with the carriage of hazardous and noxious substances by sea.