Document Type : Article
Authors
1 Ph.D. in Private Law. Faculty of Administrative Sciences and Economics. University of Isfahan. Isfahan. Iran
2 Associate Prof., Department of Law, Faculty of Administrative Sciences and Economics, University of Isfahan, Isfahan, Iran
Abstract
Floating loss means natural compensation capabilities, the disappearance or invisibility of loss caused by harmful behavior or operations. The characteristics of the sea bed define the damage caused by maritime transportation to floating description, which creates an outstanding challenge for the protection of the legal systems of the marine environment. These challenges are in three areas: the possibility of assessing the damages, how to assessing them, and finally determining and issuing sentences regarding the damages.
The present article, using descriptive and analytical methods introduces the floating losses in the marine environment and its characteristics. Then comes to the conclusion that the lack of a specific victim in most of the marine damages, the fluidity of the losses and finally the lack of clear criteria in the assessment and compensation of marine damages has caused the ineffectiveness of the legal systems in protecting the marine environment. The article, through a strategy-oriented approach, suggests that to compensate the damages caused to the marine environment, the criterion is the estimation and relative evaluation of the damages, regardless of whether the damages are present or have disappeared or have been compensated naturally. Such estimation and evaluation are done in terms of scientific, economic and expert criteria. As a result, the judicial decision in this field is based on the approach of achievability and continuity of loss rather than its definite or objective substantiation.
Keywords
- maritime transportation
- maritime compensation techniques
- floating loss
- capability and continuity of marine loss
- marine environment
Main Subjects
English
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