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Strict liability to front of the state environmental marine accidents caused by oil spills during its transportation

Grant number: 12/11501-8
Support type:Scholarships in Brazil - Scientific Initiation
Effective date (Start): September 01, 2012
Effective date (End): August 31, 2013
Field of knowledge:Applied Social Sciences - Law - Special Rights
Principal Investigator:Eliane Maria Octaviano Martins
Grantee:Tatiana Scaranello Carreira
Home Institution: Faculdade de Ciências Humanas e Sociais (FCHS). Universidade Estadual Paulista (UNESP). Campus de Franca. Franca , SP, Brazil

Abstract

It is a result of shipping, international trade takes place. Although efficient, cheaper and less polluting, this is not without indemnification in relation to situations that cause environmental damage sea, for example, oil spills in the ocean waters, and that in many cases, reach the coastline, may be voluntary or accidental, reaching. On compensation, it is for the carrier to compensate injured third parties and the state, which has jurisdiction over those belong to you, and answer for other penalties are administrative and criminal. However, besides the owner of the vessel, the carrier, often the state is co-responsible for the damage occurred in situations where there is the omission of the monitor vessels flying their flag vessels or foreign suspects when they are suspected of irregularities documentary or structural to continue their journey, and when the act commissive whose state agrees to register vessels under the flag of complacency, without even bothering about the seaworthiness provided by such a ship. Once the beneficiary of activity potentially dangerous and polluting, is obliged to repair the damaged environment, and compensate the losses, as could not prevent the advent of damage to the marine environment, and commitment provided stone for many international treaties and conventions regarding sustainable development.