Shipowner’s Liability for Marine Environmental Pollution: A Comparative Analysis within the Framework of Turkish Law and International Conventions

Abstract

Global maritime activities, vital to 80% of world trade, pose significant environmental risks through oil spills, hazardous substance discharges, and vessel accidents. This study analyzes shipowners’ liability for marine environmental pollution under Turkish law and international conventions, focusing on the 1969/1992 International Convention on Civil Liability for Oil Pollution Damage (CLC) and the 1971/1992 International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage (FC). In Türkiye, the Environmental Law, Law No. 5312, and the Turkish Commercial Code (TTK) establish a strict liability framework, holding shipowners accountable without proving fault, though subject to financial caps and exemptions like natural disasters or third-party intent. The CLC imposes strict liability on shipowners for oil pollution, mandating insurance coverage, while the FC provides supplementary compensation for damages exceeding CLC limits, funded by oil importers. Challenges include insufficient liability limits for major incidents, difficulties in quantifying ecological damage like biodiversity loss, and complications from substandard vessels and open registry systems that obscure ownership. Polar regions face unique risks due to slow degradation and cleanup difficulties. Recommendations include raising liability caps, improving shipowner transparency, expanding CLC coverage to hazardous substances and bunker fuel, and involving cargo owners and classification societies in liability frameworks. Through a comparative analysis, this study highlights gaps in Turkish and international regulations, advocating for stronger measures to enhance environmental sustainability and ensure effective compensation for marine pollution, especially in vulnerable ecosystems.