Identification of the effective components in liability and compensation for marine pollution in the light of international law
The current work aimed to identify factors affecting liability and compensation for marine pollution in Iran. This applied research was conducted using a grounded theory and descriptive-analytical method. Following an in-depth survey and extraction of an initial list, 20 relevant experts selected b...
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| Main Authors: | , , , |
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| Format: | Article |
| Language: | English |
| Published: |
OICC Press
2024-12-01
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| Series: | Anthropogenic Pollution |
| Subjects: | |
| Online Access: | http://oiccpress.com/ap/article/view/8554 |
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| Summary: | The current work aimed to identify factors affecting liability and compensation for marine pollution in Iran. This applied research was conducted using a grounded theory and descriptive-analytical method. Following an in-depth survey and extraction of an initial list, 20 relevant experts selected by a snowball sampling method were interviewed to complete and validate the research process. The research findings revealed 60 open codes and 21 axial codes in a paradigm model. Five components identified as causal conditions included severity of environmental pollution, type of environmental damage, source of pollution, insurer conditions, and nature of the insured. Four components of contextual conditions involved type of environmental risks, level of risk, theoretical foundations, and national and cross-border cooperation. Five intervening factors were national laws and regulations, international environmental law and international treaties, international sanctions and restrictions, governance approach and government policies, and arbitration conditions. Interactional strategies consisted of facilitation, risk management and awareness raising. Consequences were found to be compensation for environmental damage, mechanism to prevent recurrence of similar incidents, and increasing trust and willingness to fulfill environmental commitments. To conclude, stressing and paying attention to international environmental laws can pave the way for environmental insurance activities in the country. Stressing and paying attention to international environmental laws can pave the way for environmental insurance activities in the country.
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| ISSN: | 2783-1736 2588-4646 |