Open AccessLegal regulation of liability for environmental pollution in the carriage of dangerous goods by sea
Author(s) -
V. O. Dopilka,
K. G. Matienko
Publication year - 2022
Publication title -
naukovij vìsnik užgorodsʹkogo nacìonalʹnogo unìversitetu. serìâ pravo
Language(s) - English
Resource type - Journals
eISSN - 2664-6153
pISSN - 2307-3322
DOI - 10.24144/2307-3322.2021.67.62
Subject(s) - liability , business , convention , legal liability , legislation , strict liability , damages , dangerous goods , pollution , environmental protection , law , environmental science , engineering , political science , finance , transport engineering , ecology , biology
The article considers the international legal norms and legislation of Ukraine in the field of responsibility for pollution of the marine environment during the transportation of dangerous goods, the main trends in the development of maritime navigation and environmental protection.
The concept and essence of ecological safety of the World Ocean is defined.
The author considers the main provisions of the Merchant Shipping Code of Ukraine, the Law of Ukraine "On Transportation of Dangerous Goods", as well as international norms contained in the International Convention on Civil Liability for Oil Pollution (1969), the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage (1971), the Convention on Limitation of Liability for Maritime Claims (1976), the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Dangerous and Harmful Substances by Sea (1996), the International Convention on the Prevention of Pollution from Ships (1973).
The above regulations contain recommendations and regulate the liability of the shipowner for damage from oil pollution from ships, release of the shipowner from liability for damage from pollution by oil and other harmful substances from ships, intent or gross negligence of the victim in cases of oil pollution. or more vessels for damage from pollution, the issue of limiting the liability of the shipowner for damage from pollution, loss of the right to limit liability for damage from pollution by hazardous substances from ships, as well as insurance and other financial support for liability for damage from pollution from ships.
The analysis of normative acts of international and domestic legislation allowed to study the conceptual provisions of the problem, as well as to conclude that it is necessary to implement international law in the national legislation of Ukraine on ways to solve the problem of marine pollution from ships.