Legal consequences of maritime disasters and accidents : a comparative study

Abstract

The period between 1954 and the present has been a period during which maritime law has developed drastically. This thesis deals with the legislative initiatives taken by legal institutes, such as the IMO, in order to prevent or limit the effects following accidents or disasters at sea. The main objective of this thesis is to bring to light the present state of maritime law, particularly after a series of maritime incidents during the past years. Even though maritime commerce, trade and activity stretch back thousands of years, there has not always been the presence of comprehensive and efficient rules to prevent and regulate maritime accidents. The accidents and disasters themselves have brought to light the need to create a legal framework in order to regulate this wide sphere of commerce and activity. Nowadays, maritime activity is one of the most renowned method of transport for trading and transporting goods, and for the travel of people for both leisure and work purposes, since it is considered as one of the safest form of transport. The thesis further shows that despite the fact that much has been done with regard to the prevention and control of sea incidents, there is still much to be done in order for this area of law to be completely effective and efficient. This thesis includes an overview of several maritime-related issues, starting with oil pollution, being a chief subject of maritime law, since it affects both the community at large and the marine environment. It surveys the legislation enacted both at international and municipal level, as a result of major oil spills, covering both prevention and control. It then goes on to deal with offshore oil rigs, since today these also pose a threat to the marine environment. Other issues such as safety and security at sea are also dealt with.