Abstract
Until the 20th century, most countries around the world focused on developing the benefits of maritime transport and paid little attention to oil pollution from ships. The truth of the matter is that the development of marine transportation was a leading cause of marine pollution. Today, marine oil pollution is considered a dangerous source of contamination of the marine environment, and the oil pollution from ships is the source that draws the greatest concern. This concern clearly is felt by the BRICS countries, whose members, with vast seas adjacent to their landmasses, are keenly interested in preserving and protecting the marine environment against pollution, including marine pollution caused by oil from ships. The BRICS member states are countries with large economies and significant influence on regional and global issues. In recent years they have played a vital role in the world economy in terms of total production, destinations for investment capital and potential consumer markets. Therefore, the development and improvement of the laws of these countries relating to civil liability for marine pollution damage have significance for protecting the marine environment. This paper explores the legal regimes relating to civil liability for marine pollution damage at the international level and in the BRICS member states. It compares the differences in the domestic legislation of the BRICS countries pertaining to civil liability for marine pollution damage and concludes with recommendations for better implementation.
Highlights
Until the 20th century, most countries around the world focused on developing the benefits of maritime transport and paid little attention to oil pollution from ships
This paper explores the legal regimes relating to civil liability for marine pollution damage at the international level and in the BRICS member states
Having recognized the risks and dangers imposed by the common carriage of hazardous and noxious substances (HNS) by sea, the HNS Convention was adopted under the sponsorship of the International Maritime Organization (IMO) in May 1996 to ensure adequate, prompt and effective compensation for damage caused by incidents in connection with maritime transportation of HNS
Summary
Having recognized the risks and dangers imposed by the common carriage of hazardous and noxious substances (HNS) by sea, the HNS Convention was adopted under the sponsorship of the International Maritime Organization (IMO) in May 1996 to ensure adequate, prompt and effective compensation for damage caused by incidents in connection with maritime transportation of HNS. The leading international conventions regarding civil liability and compensation for marine oil pollution damage are as follow:. It is recognized that most of the BRICS member states have participated in the leading international conventions regarding civil liability for damage resulting from oil pollution. Member states’ jurisdiction and domestic legislation are essential for the members to implement the international conventions as well as to exercise national jurisdiction to ensure adequate, prompt and effective compensation available to the persons who suffer damage from marine oil pollution. – The Merchant Shipping Code of the Russian Federation (1999 with amendments 2001–2012): Chapter XVIII: Liability for Damage of Oil Pollution from Vessels
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