Public Law Researsh

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

Document Type : Research Paper

Authors

Jafar Nory Yoshanloey
Mona Agha Seyed Jafar Kashfi
Abstract
The damage to the sea environment is often irreversible, therefore, according
to relevant declarations and conventions, prevention is considered as an
obligation in order to conserve the environment. Therefore, remedy imposed by
the court or arbitral tribunal is not always payment of compensation for damage
and/or loss of profit; in fact, it can be a requirement to perform preventive
measures.
According to customary international law, fault is needed for the award of
civil liability; however, based on some international conventions such as the
International Convention on Civil Liability for Oil Pollution Damage 1969 and
its amended protocol 1992, strict liability to pay the compensation for the
pollution of the sea is recognized for the owner of the ship. Generally the trend
is toward recognizing such liability for damage resulting from pollution of sea
due to transportation of oil.

Keywords

Environmental Damage
legislation
Pollution
Prevention
Tankers

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