:: Volume 13, Issue 55 (Winter 1396 2018) ::
QEER 2018, 13(55): 195-216 Back to browse issues page
Economic Analysis of Liability and compensation System of Oil Tanker Pollution
Mohammad Sardoei nasab1 , Mohammadhassan Akhgar * 2
1- tehran university
2- tehran university , akhgar1364@yahoo.com
Abstract:   (4272 Views)

From economic point of view, liability rules are efficient provided that they induce individuals to observe optimal cares & activities concurrently. Due to inefficiency of global maritime liability law in terms of oil pollution, special liability regime has been gradually evolved and Developed from 1969, which consist of some different features including Strict Liability with the Defense of Contributory Negligence, Channeling of liability of oil tanker owner and great increasing in limits of liability. As well as, damages resulting from oil pollution could be recovered by International Oil Pollution Compensation FUND of 1992 and its Supplementary Fund of 2003 which are financed by contribution levied on oil companies. In this paper,  the effects of determining financial limits & channeling of liability rule on tanker owners 'motivations to take optimal care, As well as, reconstruction of financial contribution mechanism of the FUNDs so that contributions are more risk related & generally speaking, analysis of this legal system in prevention of loss has been surveyed

Keywords: ", Oil pollution, ", optimal care, ", Strict Liability with the Defense of Contributory Negligence, ", Channeling of Liability of oil tanker owners, ", Limitation of Liability
Full-Text [PDF 392 kb]   (2240 Downloads)    
Type of Study: Thesis(PhD.) | Subject: Environment
Received: 2017/05/4 | Accepted: 2017/06/29 | Published: 2018/03/19 | ePublished: 2018/03/19


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Volume 13, Issue 55 (Winter 1396 2018) Back to browse issues page