This chapter discusses some aspects of liability for pollution damage caused to the marine environment, focusing on the general obligations developed mainly under the law of the sea, which requires States to take measures to prevent, reduce, and control the pollution of the marine environment. The United Nations Convention on the Law of the Sea (UNCLOS) reaffirms the principle of civil liability of natural and legal persons for marine pollution, but it is the responsibility of States to ensure that claims are pursued in accordance with their legal systems in order to obtain prompt and adequate compensation or to otherwise provide indemnity for the damage caused. Despite nearly three decades from the entry into force of UNCLOS, the obligation of States to further develop international law not only concerning international responsibility but also civil liability is still extremely valid.
If anyone intentionally spoils the water of another … let him not only pay damages, but purify the stream or cistern which contains the water—Plato.
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Definition of marine pollution for the purpose of the IOC Working Group is: “introduction by man of substances into the marine environment resulting in such deleterious effects as harm to living resources, hazards to human health, hindrance to maritime activities including fishing, and reduction of amenities,” Report of SCOR/ACMMR Working Group 22 on Marine Pollution, p. 25, https://scor-int.org/Publications/WG22-1967.pdf; see also: Environmental Capacity. An Approach to Marine Pollution Prevention; GESAMP (IMO/FAO/UNESCO/WMO/WHO/IAEA/UN/UNEP), Joint Group of Experts on the Scientific Aspects of Marine Pollution, Rep. Stud. GESAMP, nr 30, Rome 1986, www.gesamp.org/site/assets/files/1207/environmental-capacity-an-approach-to-marine-pollution-prevention-en.pdf.
Harrison (2017); Argüello (2020), pp. 101–118; Braverman (2023).The Annexes to the MARPOL Convention on the Prevention of Pollution from Ships divide pollution into six categories: oils; noxious liquid substances in bulk; harmful substances carried by sea in packaged form, sewage from ships, garbage from ships and air pollution from ships; https://www.imo.org/en/About/Conventions/Pages/International-Convention-for-the-Prevention-of-Pollution-from-Ships-(MARPOL).aspx.
Faule and Hui (2003), pp. 242–253. Dow (1999), pp. 414–424; Attard (2016) passim. Laine et al. (2021), p. 112724.Case C-308/06: Judgment of the Court (Grand Chamber) of 3 June 2008 (reference for a preliminary ruling from the High Court of Justice of England and Wales, Queen’s Bench Division (Administrative Court)) — The Queen on the application of International Association of Independent Tanker Owners (Intertanko), International Association of Dry Cargo Shipowners (Intercargo), Greek Shipping Co-operation Committee, Lloyd’s Register, International Salvage Union v Secretary of State for Transport (Maritime transport — Ship-source pollution — Directive 2005/35/EC — Validity — United Nations Convention on the Law of the Sea — Marpol 73/78 Convention — Legal effects of the Conventions — Ability to rely on them — Serious negligence — Principle of legal certainty), OJ C 183, 19.7.2008, p. 2–3.
Liability and Compensation for Ship-Source Oil Pollution: An Overview of the International Legal Framework for Oil Pollution Damage from Tankers, UNCTAD 2012, https://unctad.org/system/files/official-document/dtltlb20114_en.pdf.
Charney (1994), p. 883.E.g.: International Convention for the Prevention of Pollution from Ships – MARPOL; Convention on the Prevention of the Marine Pollution by Dumping of Wastes and Other Matter – LC; International Convention on the Control of Harmful Anti-fouling Systems on Ships – AFS; International Convention for the Control and Management of Ships’ Ballast Water and Sediments – BWM; Convention on the Protection of the Marine Environment of the Baltic Sea Area.
