A Study on the Civil Liability of Ship Owners in Compensating for Marine Environmental Damages

Marine environmental pollution has profound environmental, economic, and legal consequences, necessitating a coherent legal framework for managing and compensating for the damage. The aim of this study is to explore the foundations of civil liability of ship owners for marine environmental damages using an analytical-descriptive approach. This research seeks to answer the questions: What is the scope of civil liability of the ship owner regarding marine environmental damages? And, what are the foundations of civil liability in case of damage? The findings indicate that two main theories exist concerning the foundations of civil liability of ship owners: fault-based and strict liability, both of which are examined in the paper. After examining international conventions related to marine environmental damage, such as the Civil Liability Convention (CLC) for oil pollution damage, the study concludes that the strict liability theory is the most widely accepted foundation for marine environmental damages. This is because other theories, including fault-based liability, are often rejected due to challenges in proving fault. Therefore, strict liability is identified as the most suitable and effective basis for the civil liability of ship owners in cases of marine pollution. Furthermore, the study identifies various scenarios for determining responsibility; for instance, the ship owner may be personally liable, may have leased the ship, or the captain may bear the responsibility. Each individual, depending on their role and level of involvement in the marine pollution, holds responsibility for compensating the environmental damages. Compensation for damages is typically provided through marine insurance and international compensation funds. Legal claims in this area are generally addressed in judicial or arbitration bodies in the countries where the pollution has occurred.

کلیدواژه ها:

Civil Liability ، Shipowner ، Vessel ، Marine environmental damage ، International coventions