Skip to main content Accessibility help
×
Hostname: page-component-78c5997874-mlc7c Total loading time: 0 Render date: 2024-11-03T08:27:26.953Z Has data issue: false hasContentIssue false

5 - Definition and Measure of Marine Environmental Damage

Published online by Cambridge University Press:  09 November 2023

Linlin Sun
Affiliation:
Zhongnan University of Economics and Law
Get access

Summary

This chapter covers the establishment, contents and implementation of international environmental liability of the contractor. It argues that the polluter-pays principle applies, the contractor shall assume primary liability for environmental damage caused by DSM activities. However, unlike the existing civil liability treaties which endorse a standard of ‘strict liability’ of the operator, liability in DSM requires an element of ‘internationally wrongful act’ on the part of the contractor. As to the contents of liability, it argues that ecological restoration shall be the primary objective of liability. However, owing to the big unknowns of the deep sea, the practicability of restoration is very uncertain. Other forms of remediation, complementary restoration and compensation, are available. As to the implementation of liability, this chapter argues that the ‘traditional civil liability approach’ of a transnational nature is not suitable to the DSM context, and the parallel existence of implementation methods at both international and national levels weakens the international mechanism and places unnecessary burden on the sponsoring State. Incidentally, it argues that the Enterprise can assume liability independently and a State contractor cannot claim State immunity.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2023

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×