Document Type : Original Research Paper
Authors
1 Department of Law, Faculty of Law, University of Zabol, Zabol, Iran
2 Department of Criminal Law and Criminology and Private Law, Faculty of humanities, Islamic azad University (Eslam shahr Branch), Eslam shahr, Iran
Abstract
The human right to having a healthy environment is considered as one of the most significant human rights mentioned in various international human rights documents. One of the threatening factors of this right is oil pollution which is resulted from oil carried by ships or their fuel. According to the conventions regarding the oil pollution, shipowners are liable for oil pollution damages, but in most cases they will face insolvency. The Civil Liability Convention (CLC) and its subsequent amendments and Bunker convention use the compulsory insurance system as a guarantee for compensation of oil pollution damages. In this system, ship-owners are obliged to obtain insurance or other financial guarantee from reputable international insurers. This policy should cover all risks of ship-owners, their agents and brokers. But the damages caused by force majeure, fault and negligence of third party, and intentional damages are not covered. This requirement to obtain an insurance cover or a financial security to enter the territorial waters and exclusive economic zone of a contracting state applies only to vessels with a capacity more than one thousand tons in respect of bunker oil pollution and two thousand tons in respect of oil cargo pollution. Hence this paper attempts to explain the legal aspects of insurance guarantee conditions, risks covered, the insurer's liability and exclusions.
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