An In-Depth Examination Of Oil Spill Liability & Accountability: A Comparative Study Of India’s Legal Framework And International Perspectives
By RB Binny & Prof Dr. N Dasharath, University Law College & DOS in Law, Bangalore University*.
Abstract
“Despite our habit of referring to oil production, the reality is that the twentieth century was an unprecedented exercise in oil ―destruction. The oil was actually produced during the time of the dinosaurs. What we have been doing over the last century or more has been to find the fossil deposits left behind during the era of the dinosaurs and to burn them up as fast as we could.”- Freudenberg and Gramling (2010: 4)
This research paper offers a comprehensive examination of oil spill liability and accountability, focusing on a comparative analysis of India’s legal framework in relation to international perspectives. Oil spills represent significant environmental, social, and economic challenges that cause long-lasting damage to ecosystems, threaten public health, and disrupt local communities reliant on natural resources. The study investigates the multifaceted impacts of oil spills, highlighting the immediate and prolonged consequences for marine and terrestrial environments, local economies, and public health. It further explores India’s regulatory landscape regarding oil spill incidents, evaluating its strengths and limitations in enforcing liability and remediation obligations. By contrasting India’s laws with international conventions, such as the International Convention on Civil Liability for Oil Pollution Damage, this research identifies critical gaps and emphasizes the need for enhanced legal measures and compliance mechanisms. Ultimately, the paper advocates for a more robust framework for oil spill accountability to ensure effective response strategies, promote environmental sustainability, and safeguard vulnerable communities from the far-reaching impacts of oil pollution.
Keywords: Oil Spill, Liability, Accountability, Legal Framework, Environmental Impact.
* Author 1 is a 3rd Semester student of LL.M.( Labour & Employment Law), University Law College & DOS in Law & Author 2 is a Principal University Law College & DOS in Law, Bangalore University.
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