Scientific Journal of Law and Modern Studies

Scientific Journal of Law and Modern Studies

Limiting the liability of tanker owners in compensating for oil pollution In Iranian Maritime Law and the Civil Liability Convention (CLC)

Document Type : Research Article

Authors
D.r Mansour Pournouri 1
D.r Mahdi Yousefi Sadeghlou 2
Shahram Badsar 3
1 Assistant Professor and Faculty Member, Faculty of Law, Islamic Azad University, Central Tehran Branch.
2 Assistant Professor and Faculty Member, Faculty of Law and Social Sciences, Payame Noor University, Karaj Branch.
3 Master of International Trade Law, Notary Public and Director of Judicial Services 31 Tehran. (Corresponding Author)
Abstract
In this regard, it can be said that while the owner of the operator can be considered the real owner of the ship, the situation of the registered owner should be treated with caution. Therefore, any person whose liability is claimed, in order to invoke the limitation of liability, must provide the necessary financial resources to the reviewing authority by forming a credit fund. Because the creation of liability systems to pay damages and in addition to providing a limit to the liability of shipowners has been. The Iranian law of maritime law has accepted the limitation of the ship owner's liability and we are faced with explicit provisions regarding the limitation of the ship owner's liability, which in Iranian maritime law has accepted this principle of liability based on the theory of fault. The 1969 Convention (CLC) also stated at the outset that, except as provided in paragraphs 2 and 3, the shipowner shall be liable for any damage caused by the discharge or oil spill at the time of the accident. The Convention also provides in paragraph 4 of Article 3 that no claim for damages against the owner may be brought except in accordance with this Convention. This principle of liability is based on acceptable theory of risk. Therefore, in the following article, we will examine the limitation of liability of the owner of an oil tanker in the discussion of compensation for oil pollution in Iranian maritime law and the said convention.
Keywords
Civil Liability
CLC Convention
Oil Tanker
Compensation
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  • Receive Date 26 September 2021
  • Revise Date 07 October 2021
  • Accept Date 23 October 2021