Parisa Azik
Tutor: Prof. Rosario Sapienza
Abstract
Governments' Rights and Duties in Preventing and Compensating Marine Pollution resulting from Transport in the Light of International Conventions
PhD Supervisor: Prof. Rosario Sapienza
Research Lines
Keywords
crimes against humanity, International Crime Court, structure, organizations, court’s jurisdictions
Thesis AbstractGovernments' Rights and Duties in Preventing and Compensating Marine Pollution resulting from Transport in the Light of International Conventions
With the beginning of the twentieth century and the development of polluting industries for human beings, it became clear that the human living environment is more limited than previously thought; therefore, to protect nature and the environment, gradually the idea of national legislation and regulations and consequently, the international and global documents and treaties have been formed in the human mind. The source of attention to the pollution caused by petroleum products at sea is probably the incident of the Harrison oil platform in the Gulf of Mexico, which sounded a serious alarm in this regard. Incidents of the transportation of oil by the tankers in the last three or four decades have shown the importance of establishing a regime of responsibility in this regard. After each incident, by approving a convention, the international assemblies have paid attention to the prevention and compensation in similar cases. Over time, with the ratification of the Stockholm (1972) and Rio (1992) Declarations and the ratification of the Convention on the Law of the Seas in 1982, the concept of a common environment extended the scope of coastal state law. In this regard, governments can take action against foreign-flagged ships in port. Even if that ship is accused of polluting the open waters or coastal waters of another government, claiming economic damages and loss of prospective profits is one of the lawsuits filed by governments. However, the omission claim, which has the potential to cause environmental damage, can also be raised. Given the developments in international law in the field of environmental protection at seas and the conclusion of various treaties in this field with a precautionary approach, the claim is that the governments are responsible for not taking measures appropriately. Principles according to the International legal procedure requires governments to make the necessary and appropriate efforts to prevent pollution. Considering the difficulties of proving the guilt, some international conventions have taken sole responsibility for risky activities such as the transportation of petroleum products by sea. The International Convention on Civil Liability for Damage from Oil Pollution (1969) and its 1992 Amendment Protocol have provided some solutions such as insurance coverage and the creation of a protection reserve fund. In this research, the author seeks to ask whether imposing civil liability on the shipowner is fair or is it better to spread it to other persons, including the leaseholder and the operator?
Biography - last edit: 12/17/2021I am Parisa Azik an international PHD candidate at Catania University .To begin with my master, I have developed my interest in the area of public international law by conducting several types of research and projects, in this major. Out of my master thesis, I published an article in the Journal of International Law magazine, and one more journal paper that is ready to be submitted to the International criminal court and its Jurisdiction was published in a national conference.
Besides my research works, I was an instructor for some courses. The course of "Civil Law" for bachelor students was interesting to me since the course is the basis of Family Law. Further, I was an instructor for the course of the "Legal Texts in English" course for both master and bachelor students. Through this course, students had an opportunity to implement their own projects in the different topics of Public International Law.
My passion for International Law started when I experienced working at an international company as a legal advisor and after that, I got a job as an English teacher (in Tebiyan Bilingual School). The combination of these two careers made me feel more confident to continue my Ph.D. in your country and also your university. Here in Iran, I attended meetings and legal courses in law commissions as well. As my professors mentioned I am a diligent and highly motivated student I passed all my exams and I was also a top student while I was studying my Bachelor and Master and even High school as my GPA would be enough evidence to support my claim.
