ASSESSING ABSOLUTE LIABILITY VERSUS STRICT LIABILITY IN MARINE OIL POLLUTION CASES: LEGAL IMPLICATIONS AND ENVIRONMENTAL IMPACT

AUTHOR – SUSHRUTH PANJAGALL & L SAI KRISHNA, STUDENTS OF CHRIST DEEMED TO BE UNIVERSITY, PUNE LAVASA CAMPUS

BEST CITATION – SUSHRUTH PANJAGALL & L SAI KRISHNA, ASSESSING ABSOLUTE LIABILITY VERSUS STRICT LIABILITY IN MARINE OIL POLLUTION CASES: LEGAL IMPLICATIONS AND ENVIRONMENTAL IMPACT, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 898-904, APIS – 3920 – 0001 & ISSN – 2583-2344.

The maritime environment is vital to the maintenance of both economic activity and world biodiversity, yet it is becoming more and more endangered due to oil pollution from oil spills and leaks. Legal frameworks governing liability and compensation for oil spills have gained relevance as environmental accidents involving pollution continue to pose serious hazards to marine ecosystems. The purpose of this essay is to investigate the ideas of strict liability and absolute culpability, looking at their relevance and ramifications in situations of marine oil contamination. In terms of environmental law, “absolute liability” refers to the legal doctrine that holds parties accountable for damages regardless of negligence or malice. When actions seriously endanger the environment or public safety, this theory is frequently applied.

This study attempts to assess the efficacy of strict liability and absolute liability in managing pollution caused by oil escape or discharge in the maritime environment by examining precedent-setting cases and current legal standards. It will take into account how each framework affects compensation for impacted populations and ecosystems, impacts environmental legislation, and influences the actions of oil companies.

The results will provide information on the benefits and drawbacks of each legal strategy, indicating which liability regime could be better suitable for enforcing strict liability rules and guaranteeing strong environmental protection for the maritime sector. The paper’s ultimate goal is to further the current discussion on efficient legal frameworks for controlling environmental risks in the context of maritime oil contamination.

Keywords: Absolute, Marine, Liability, Pollution, Strict.