Rights and Duties of Governments to Prevent and Compensate Pollution of the Sea Resulting from the Transportation of Oil: A Study of International Declarations, Conventions and Awards
The damage to the sea environment is often irreversible, therefore, accordingto relevant declarations and conventions, prevention is considered as anobligation in order to conserve the environment. Therefore, remedy imposed bythe court or arbitral tribunal is not always payment of compensation for d...
| Main Authors: | , |
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| Format: | Article |
| Language: | fas |
| Published: |
Allameh Tabataba'i University Press
2015-02-01
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| Series: | Faṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī |
| Subjects: | |
| Online Access: | https://qjpl.atu.ac.ir/article_920_caea49b00f3f81feee90407f8919c94a.pdf |
| Summary: | The damage to the sea environment is often irreversible, therefore, accordingto relevant declarations and conventions, prevention is considered as anobligation in order to conserve the environment. Therefore, remedy imposed bythe court or arbitral tribunal is not always payment of compensation for damageand/or loss of profit; in fact, it can be a requirement to perform preventivemeasures.According to customary international law, fault is needed for the award ofcivil liability; however, based on some international conventions such as theInternational Convention on Civil Liability for Oil Pollution Damage 1969 andits amended protocol 1992, strict liability to pay the compensation for thepollution of the sea is recognized for the owner of the ship. Generally the trendis toward recognizing such liability for damage resulting from pollution of seadue to transportation of oil. |
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| ISSN: | 2345-6116 2476-6216 |