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Legal Systematization of Corporate Social Responsibility (CSR) in Marine Environmental Protection: A Comparative Analysis of International Law and Iranian Law
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Hamid Hamidian   |
| , h.hamidian@umz.ac.ir |
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Abstract: (51 Views) |
Background and Theoretical Foundations: The expansion of energy activities in marine environments—ranging from traditional oil and gas fields to renewable energy—has intensified the necessity of revising regulatory instruments for private operators. This research is predicated on two fundamental pillars: treaty-based regimes (specifically Part XII of the United Nations Convention on the Law of the Sea) and the modern concept of "Oceanic Corporate Social Responsibility (OCSR)" within the framework of international law and the Iranian legal system. The central problem lies in the mechanism of transitioning from Soft Law to Hard Law to ensure the accountability of multinational corporations regarding marine ecosystems.
Methodology: This research adopts a descriptive-comparative approach utilizing a library-based method to conduct a content analysis of International Maritime Organization (IMO) documents, and the MARPOL and SOLAS conventions, while juxtaposing them with the Iranian legal system. The methodological focus centers on the technique of "legislation by reference" and the analysis of international judicial precedents to elucidate the standing of voluntary standards within courts of law.
Findings: The findings indicate that safety and environmental standards are systematically circulating among diverse legal regimes. Through the incorporation by reference mechanism, IMO technical regulations concerning energy efficiency and hull design have effectively become mandatory for all member states of the Law of the Sea Convention (UNCLOS). The research reveals that Oceanic Corporate Social Responsibility (OCSR) standards, through their inclusion in international investment contracts, are evolving into legal parameters utilized by tribunals to measure a corporation’s "due diligence." Regarding Iran, while the accession to civil liability conventions has introduced the "Polluter Pays Principle" into the national legal system, significant lacunae remain in offshore oil and gas contracts concerning CSR. The findings emphasize that CSR instruments—at the three levels of prevention, mitigation, and compensation—complement treaty-based regimes and provide a more rapid response to maritime incidents. This domain can follow a model of referential mechanism by implementing initiatives such as incorporating international standards into National Iranian Oil Company (NIOC) contracts and the reliance of official court experts on international technical codes, ultimately leading to the reform of existing legislation.
Conclusion: On the international stage, achieving effective marine environmental protection is contingent upon transitioning toward a multi-layered regulatory system and fostering synergy between international treaties and voluntary OCSR standards, which have been transformed into binding obligations via "referential legislation." In Iran, this process—facilitated by the internalization of technical codes within petroleum contracts and the adoption of strict liability—has not only bridged treaty-related gaps but has also elevated corporate responsibility into a judicial parameter for assessing fault and realizing the "Polluter Pays Principle." Ultimately, the nexus between the technical expertise of energy operators and sovereign authority represents the only viable path toward achieving energy security in equilibrium with the sustainable health |
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| Keywords: Corporate Social Responsibility, Rights of the Seas, Delegated (Referential) Legislation, the “Polluter Pays” Principle |
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Type of Study: Research/ Original/ Regular Article |
Subject:
Law of the Sea
Received: 2026/02/27 | Revised: 2026/07/4 | Accepted: 2026/06/5
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