القواعد المنظمة للمسئولية عن تلوث البيئة البحرية بمياه الصابورة "مياه الاتزان" والرواسب في السفن

Abstract EN

Marine pollution is one of the most serious issues facing the world, and the climate changes that accompany it; all of which have a profound impact on the future of humanity.

The spread of invasive organic organisms through water Ballast represents the greatest threat to the environmental and economic well-being of humanity, as these species cause serious damage to biological diversity, wealth and the natural value of the land on which we depend, as well as the direct and indirect harmful health effects.

One of the things that is taken into consideration when talking about pollution of the marine environment is that the damage resulting from it may not be possible to control as the matter is related to weather and nature factors that are difficult to control too.

In many cases, the effect of this damage may continue for a long period of time.

The specificity of the damage in cases of liability for pollution of the marine environment has cast a shadow over the pillars of civil liability, so that it can be said that there is specificity to the rules and pillars of civil liability for pollution of the marine environment.

The international community has been keen to establish rules to control and manage ballast water and sediments on ships, due to the damage that incorrect management of that water may cause to the marine environment; the issue is that ballast water is necessary to achieve the balance of the ship and thus the security and safety of navigation.

However, managing it in an irregular manner is a matter that would raise the responsibility of the maritime carrier towards the affected countries, as his activity in such a case would fall outside the scope of legality, and the carrier would be in that case responsible for his mistake, whether it was intentional or because of negligence.

The result in the end is one thing, that there will be damage to the marine environment as a result of his action and then his responsibility towards the injured person is imposed with the causal connection between the action and the damage established.