Author: Gautam, Dhruv

Source: International Journal of Liability and Scientific Enquiry, Volume 4, Number 2, August 2011 , pp. 151-158(8)

Publisher: Inderscience Publishers

Abstract:

Marine pollution control is a sensitive topic, which has gained importance recently due to crude oil spills which in turn has led to many recent international legal developments. This paper examines the effectiveness of international marine laws in imputing liability and calculating damages where more than one nation is affected. The main international agreements covering the international marine laws are International Convention for the Prevention of Pollution from Ships (MARPOL) succeeding the International Convention for the Prevention of Pollution of the Sea by Oil (OILPOL) and the Civil Liability Convention both of which came into force in 1978 and 1975 respectively. This paper examines complications of trans-boundary oil spillage, leading to damages to marine life and its subsequent action a nation needs to take, in response. The damage caused has also to be judged along with the interests of the other affected nations. The author concludes by proposing a model wherein a tribunal has be constituted under the IMO, which has the appropriate jurisdiction to take up the matter and award appropriate punishments and financial implications to the defaulting party.

Keywords: ENERGY AND ENVIRONMENT; Environment and Sustainable Development; HEALTHCARE AND BIOSCIENCES; Healthcare and Medical Engineering; MANAGEMENT AND BUSINESS; Law; PUBLIC POLICY AND ADMINISTRATION; Public Policy and Public Services; RISK, SAFETY AND EMERGENCY MANAGEMENT; Risk, Reliability and Safety

Document Type: Research article

DOI: http://dx.doi.org/10.1504/IJLSE.2011.041983

Affiliations: 1: National Law University, Sector - 14, Dwarka, Delhi - 110078, India

Publication date: 2011-08-01

More about this publication?

• International Journal of Liability and Scientific Enquiry proposes and fosters discussion on the application of scientific knowledge to litigation, adjudication, legislation and public policy, with emphasis on the implications that informed interpretation of science exert on policy choices. International Journal of Liability and Scientific Enquiry serves as a vehicle for exploring systematic approaches to scientific evidence in specific disputes.
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