Civil Liability for Unconventional Damages in Maritime Accidents: A Comparative Study between the Egyptian and Emirati Legislations

Maritime accidents in general, and non-traditional ones in particular, occupy an important rank among other types of accidents due to the evolution of the role of the machine, including ships, as well as the scientific development of the marine field and the surrounding environment, and we will focus our research on non-traditional marine accidents. Trying to establish an appropriate definition thereof, defining their scope, limiting their species and types of the damages resulting from them, whether related to the marine environment or other environments or human in any of them. Then we try to find a suitable legal basis for civil liability resulting from the damage of non-traditional marine accidents, insofar as it can be founded on a fault that should be proven, or on a presupposed fault, or on the idea of objective responsibility based on the idea of risk (proven damage) and not the fault or presupposed fault. In light of the above, we are trying to determine the appropriate sanction for civil liability for damage caused by non-traditional marine accidents, and how to make reparations for each of these types, whether in-kind compensation as the most appropriate means of remedying such damage, or alternative cash compensation for the form of compensation, and the means of assessment. This is to find ways to evade the defendant from liability in the claim of liability and turn aside his liability or reduce it. Kye Words: Civil Liability, Unconventional Damages in Maritime Accidents, non-traditional, objective liability, risk idea, compensation in kind, biodiversit

Compensation for Oil Pollution Due to Tanker Accidents in the Indonesian Legal System in a Justice Value Perspective

The sea potentially fulfills the interests of sea transportation; for example, the transportation of tankers. The Indonesian sea is included in the seas with the dense traffic of tankers causing the risk of oil pollution due to tanker accidents. For example, the three cases of oil contamination caused by tanker accidents occurred in the Cilacap Sea which is the largest oil refinery in Indonesia. This study aimed to find the value of justice for oil pollution losses due to tanker accidents considering that Indonesia has ratified the international convention of the civil liability of oil spill by tanker, Convention on Civil Liability 1969, and its amendment of Convention on Civil Liability 1992, along with its supplementary protocol. The international law principles (polluter pays principle, precautionary principle, and strict liability) for oil tanker losses caused by tankers have been applied to the national legal system. There were still overlapping authorities and the conflicts of authorities among the institutes in the period before 2015 before the establishment of the Coordinating Ministry of Marine Affairs. After the periodization of 2015 with the formation of the Coordinating Ministry of Marine Affairs, it is expected to resolve the loss of oil pollution as a result of tanker accidents using the right method of calculating the loss of natural resources, taking into account the willingness to pay and the willingness to accept between the insurance and victims

Civil Liability for Unconventional Damages in Maritime Accidents: A Comparative Study between the Egyptian and Emirati Legislations

occupy an important rank among other types of accidents due to the evolution of the role of the machine, including ships, as well as the scientific development of the marine field and the surrounding environment, and we will focus our research on non-traditional marine accidents. Trying to establish an appropriate definition thereof, defining their scope, limiting their species and types of the damages resulting from them, whether related to the marine environment or other environments or human in any of them. Then we try to find a suitable legal basis for civil liability resulting from the damage of non-traditional marine accidents, insofar as it can be founded on a fault that should be proven, or on a presupposed fault, or on the idea of objective responsibility based on the idea of risk (proven damage) and not the fault or presupposed fault. In light of the above, we are trying to determine the appropriate sanction for civil liability for damage caused by non-traditional marine accidents, and how to make reparations for each of these types, whether in-kind compensation as the most appropriate means of remedying such damage, or alternative cash compensation for the form of compensation, and the means of assessment. This is to find ways to evade the defendant from liability in the claim of liability and turn aside his liability or reduce it

Carrier's liability for marine pollution under Indonesian maritime law

This study analyses the high risk nature of Indonesian waters and the safety of ships crossing these waters in the aspect of liability. Since the country lies across continents and oceans, such vulnerable areas tend to cause ship accidents. The government has undertaken revision of relevant regulations and the upgrading of facilities of transportation in its effort to minimize shipping accidents. Data from the Ministry of Transportation of Indonesia showed the trend of ship accidents has increased between 2009 until 2014. The objectives of the study therefore are to examine the principle of liability in Indonesian law; to determine which law could be applied in relation to marine pollution; to examine the pattern of sea pollution that ships had caused; and analyze the mechanism of compensation for ships that has been involved in eradicating the pollution caused by such shipping accidents based on Shipping Law Number 11 of 2008. This study focuses on marine pollution caused by ships involved in accidents and incidences at Indonesian sea. The method of research is to make a legal analysis of the key provisions of relevant laws upon the liability of parties in shipping accidents. Interviews were conducted with the experts in the field of marine pollution such as judges, ministerial officers of Ministry of Transportation and Maritime Court including shipping companies. The findings indicated that there are various forms of carrier’s liability in Indonesia namely the principle of fault liability regulated in Indonesian Commercial Code, liability based on negligence adopted by Shipping Law Number 11 of 2008 and the strict liability principle adopted in Indonesian Environmental Law 2007. Currently, the principle of strict liability could be applicable in the case of marine pollution although in some cases in court, the judges still apply the fault liability principle. The finding from the case laws and authority has also indicated that, strict liability is not a new law in Indonesia but still facing difficulties in its implementation and application. In the quest for suitable solution, the principle of mutual liability can be added as a new legal principle to assist the application of the principle of strict liability. It is also found that the legal framework as basis for the application of mutual liability principle in Indonesia is already relevant in existing laws

Risk-sharing and Liability in the Control of Stochastic Externalities

This paper analyzes alternative policies for controlling stochastic externalities, considering both the incentive and the risk-sharing effects of each. When polluter actions are unobservable so that regulation is not possible, alternative liability rules including zero, partial, and full liability are compared. When actions are observable, then regulation is possible, and the use of regulation is compared to the use of liability. The principal-agent paradigm provides the analytical approach used to determine the efficient policy choice. The effect of the availability of insurance is also addressed. This paper concludes with a discussion of the implications of the analysis for the control of stochastic marine pollution.Environmental Economics and Policy, Resource /Energy Economics and Policy, Risk and Uncertainty,

The global nuclear liability regime post Fukushima Daiichi

Nuclear liability regimes are important as they ensure that potential victims will be compensated promptly and efficiently after a nuclear accident. The accident at Fukushima Daiichi in Japan in 2011 prompted a review of the global nuclear liability regime that remains on-going. Progress has been slow, but over the next few years the European Union is set to announce its new proposals. Meanwhile, in 2015, another global nuclear liability regime, the Convention on Supplementary Compensation for Nuclear Damage, has entered into force. This paper aims to move the debate in the literature on nuclear liability and focuses on the four following major issues: (1) reviews third-party nuclear liability regimes currently in operation around the world; (2) analyses the international nuclear liability regime following the accident at Fukushima Daiichi; (3) comparatively assesses the liability regimes for nuclear energy and the non-nuclear energy sector; and (4) presents the future outlook for possible developments in the global nuclear liability regime