Investigation and analysis of the dimensions of the responsibility of governments in relation to compensation for damages caused by marine oil pollution from the perspective of laws, documents and judgments of international courts.

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Article Type:
Research/Original Article (بدون رتبه معتبر)
Abstract:
Background and purpose

 Affected by the industrialization of societies and industrial competition in the world, the environment has been attacked along with human destruction in such a way that today, unfortunately, the environment is considered a function of development in industry and the diversity of human needs with the disruption of order. environmental and even non-environmental damages have been associated. Environmental crimes in various forms are an example of disturbing the balance of the relationship between man and nature, where humans are on the path of destroying nature with the aim of seeking a share and gaining more profit. Marine oil pollution is one of the most common environmental damages, which due to the type of pollution and the level of stability, sometimes leads to irreparable damage to the human environment, and the main source that can cause pollution in the seas is oil spills. The international community has shown various reactions in the form of drafting laws, conventions and international documents in facing the issue. With this explanation, the researcher in this essay tries to analyze the dimensions of governments' responsibility in relation to the compensation of damages caused by marine oil pollution, and examines the issue from the perspective of laws, documents and opinions of international courts, and in the shadow of this goal To questions such as what governments are responsible for marine pollution caused by petroleum products? And what is the reaction of international laws and documents in relation to marine pollution? And how effective have the global community's measures been?

Research method

 This research is applied in terms of purpose and descriptive-analytical in terms of method. In this research, to deal with the issue and answer the question, it is used to collect information with the library method and by using the sources, as well as using news sites and specialized articles.

Results and Findings

 The studies conducted on marine oil pollution cases at the international level observe that despite the effects of harmful environmental and non-environmental damages, it is still under the shadow of conflict of interests, lack of benefit, lack of loss. The direct relationship between the coastal governments and the flag owner in the international environment has not been able to protect the marine environment from the dangers of oil pollution in the shadow of the international responsibility of the governments, and this approach shows the inefficiency of the civil liability system in preventing, reducing and confronting pollution. It is a sea, according to the extensive examples of oil pollution in international waters and the sometimes irreparable damage to the marine environment and the negative economic effects of oil pollution in the seas, all confirm the need to resort to an efficient judicial structure, a dynamic criminal liability system and the creation of a guarantee of executions. strong in the international system, especially in relation to the open sea, which is the real loss of "humanity". International law has not yet reached the level of progress that a government can file a lawsuit on behalf of the interests of humanity. But it seems that if the act of pollution by countries is a violation of one of the provisions mentioned in the Convention on the Law of the Sea (1982) or other laws and regulations or international custom, any country can refer to Article 48 of the international responsibility of the government. to initiate a claim for oil pollution compensation in the Azad Sea.

Language:
Persian
Published:
Journal of maritime police security, Volume:13 Issue: 48, 2022
Pages:
113 to 151
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