Background and Theoretical Foundations: in order to implement the principle of adequate and prompt compensation for pollution damages, according to the type of consumption, each of the compensation systems established by the relevant international conventions, are divided into different layers with special conditions. So far, these layers of compensation have not been specifically evaluated and reviewed in Iran, while each of these layers has specific terms and conditions that must be observed by the members, including the Islamic Republic of Iran and in this context, there is a need to increase the relevant knowledge among the main actors of the maritime industry in Iran.
Methodology: this research is conducted by analytical-descriptive method and while evaluating and analyzing the provisions of the IMO conventions, it analyzes the related decisions and opinions contained in the reports of the IMO Legal Committee, annual reports of the IOPC Fund Annual Reports, and the UN International law Commission reports.
Findings: this article, while dividing and comparing the types of marine pollution, mentioning the reasons for creating layers of compensation, explains that for all types of pollution, the payment of damages is done in the first layer through the contribution of the shipowner and his insurer. The second layer for all pollutions, except for bunker pollution, and the third layer, only in the case of oil pollution, been established through the creation of a compensation fund and through the contribution of importers of such materials.
Conclusion: the creation of compensation layers for marine pollution is necessary for the following reasons: first, the certainty of compensation through the requirement of compulsory insurance for shipowners’ liability, especially through P&I clubs, in the first layer, second, access to competent national authorities and to financial resources for compensation within the member States against the person responsible for the accident, and thirdly, secure financial resources for pollution damages through the establishment of the funds and contribution of the receivers of oil cargoes. Unlimited liability for marine pollution has always been rejected. And due to the inadequacy of the first layer, the rest of the damages should be paid through the next layers. The membership of Iran in all three levels of compensation payment can guarantee full financial support for the victims of pollution in Iran, and regarding oil pollution, the accession of of Iran to the 2003 supplementary fund will be an important step in this field. |
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