International liability and compensation regimes as a tool of strengthening the balance between shipping economy and marine environment protection

¹ University of Gdańsk, Faculty of Law and Administration, 6 Jana Bażyńskiego St., 80-309 Gdańsk, Poland
² Nicolas Copernicus University, Law and Administration Faculty, 3 Władysława Bojarskiego St., 87-100 Toruń, Poland

^* Corresponding author: j.nawrot@prawo.univ.gda.pl

Abstract

The basic requirements concerning the marine environmental protection introduced under auspices of the IMO refers to ship’s construction and ship’s operation and are recognized as a technical in nature or connected with seafarers qualifications. The aim of the article is to emphasis the importance of private law instruments, especially financial security instruments as a tool of strengthening the maritime safety and marine environmental protection in the recent IMO’ works. Attempts to create global system of liability and compensation, especially by introducing the financial security instruments, stays in line with the IMO’s public policy and aims to increase the effectiveness of the international safety standards at sea. Firstly that new instrument has been introduced as a response to environmental threats inherent in carriage of oil as cargo. Soon it became a standard provision of many others environmental threats, such as hazardous and noxious substances, bunker oil or wreck removal and lately introduced to Maritime Labour Convention prepared under ILO’s auspices. By analyzing provisions of selected maritime conventions, Authors aim to demonstrate that the financial security instruments are seen not only as a commercial tools supporting the claimants chance to obtain full/adequate compensation but also as an element of strengthening public goals.