The Doctrine Of Absolute Liability Vis-À-Vis Marine Water Pollution

Abhinav Viswanath, School of Law CHRIST (Deemed to be University

ABSTRACT

International conventions formulated for preventing oil-based pollution in the seas, due to their discharge or escape from ships/tankers has seen considerable coverage over the years. The Civil Liability Convention designed by the International Marine Organisation therefore seeks to impose a strict liability on the shipowners for causing such pollution and also grant them the right to limit their liability, on certain specific grounds. This convention is further supplemented by the Fund for Compensation Convention, which establishes an international fund for the purposes of compensation in case of lack of availability of funds with the liable shipowners. Accordingly, it is suggested in the paper that such strict liability imposed on the shipowners, be replaced with the application of absolute liability, owing to the severe damage and harm that is caused to the marine environment due to such pollution. Moreover, through the means of analogical deduction, it shall be contended as to why the principle of absolute liability is a much more reliable option in such cases, and why should there be a change in the already existing laws governing the liability imposed therein. This shall be backed by providing a brief overview of the effects and changes that are caused in the environment when oil is discharged or escaped from the ships or tankers into the sea and shall be done by reviewing the available literature in this regard, thereby providing the necessary suggestions and conclusions upon the same.