نوع مقاله : علمی پژوهشی
1 استادیار دانشکده حقوق دانشگاه شهید بهشتی
2 عضو هیئت علمی دانشکده حقوق و الهیات دانشگاه شهید باهنر کرمان
عنوان مقاله [English]
Marine oil pollution usually occurs sporadically and periodically. The occurrence of such incidents attracts scholars’ attention to the threats of marine environmental pollution. Nowadays, environmental misconducts extend beyond national borders and the function of international law system has not been desirable so far. Marine oil pollution is a complicated concern with extensive dimensions that is not possible to confront with by limited solutions. The aim of this paper is the assessment of international legal aspects of confronting with marine oil pollution with special regard to criminal liability regime and its mechanisms. Deficiencies of civil liability regime on the one hand, and inadequacy of individual criminal liability on the other hand, highlight the necessity of the defense arising from corporate criminal liability. From the prospect of this paper, the combination of two civil and criminal liability systems and also the application of individual and corporate criminal liability are the most efficient solutions for deterring marine oil pollution.
Weissmann, Andrew, “A New Approach to Corporate Criminal Liability”, American Criminal Law Review, vol. 44, 2007.