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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| Format: | Article |
| Language: | English |
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OICC Press
2024-12-01
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| Series: | Anthropogenic Pollution |
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| Online Access: | http://oiccpress.com/ap/article/view/8554 |
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| _version_ | 1823865047739269120 |
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| author | Nahid Seyrafian Mansour Pournouri Hamidreza Ghaffarzadeh Reza Simbar |
| author_facet | Nahid Seyrafian Mansour Pournouri Hamidreza Ghaffarzadeh Reza Simbar |
| author_sort | Nahid Seyrafian |
| collection | DOAJ |
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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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| format | Article |
| id | doaj-art-1c217f15c41c4f3e9c428dd3d98b170f |
| institution | Kabale University |
| issn | 2783-1736 2588-4646 |
| language | English |
| publishDate | 2024-12-01 |
| publisher | OICC Press |
| record_format | Article |
| series | Anthropogenic Pollution |
| spelling | doaj-art-1c217f15c41c4f3e9c428dd3d98b170f2025-02-08T11:19:27ZengOICC PressAnthropogenic Pollution2783-17362588-46462024-12-018210.57647/j.jap.2024.0802.21Identification of the effective components in liability and compensation for marine pollution in the light of international lawNahid Seyrafian0https://orcid.org/0009-0004-3116-0004Mansour Pournouri1https://orcid.org/0000-0001-7892-7293Hamidreza Ghaffarzadeh2https://orcid.org/0000-0002-5953-4547Reza Simbar3https://orcid.org/0000-0001-5111-1075Department of Environmental Law, Science and Research Branch, Islamic Azad University, Tehran, IranDepartment of Law, Central Tehran Branch, Islamic Azad University, Tehran, IranDepartment of Environmental Management, Science and Research Branch, Islamic Azad University, Tehran, IranDepartment of Political Science, Guilan University, Guilan, Iran 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. http://oiccpress.com/ap/article/view/8554Liability insuranceCompensation for Marine PollutionEnvironmental damageInternational law |
| spellingShingle | Nahid Seyrafian Mansour Pournouri Hamidreza Ghaffarzadeh Reza Simbar Identification of the effective components in liability and compensation for marine pollution in the light of international law Anthropogenic Pollution Liability insurance Compensation for Marine Pollution Environmental damage International law |
| title | Identification of the effective components in liability and compensation for marine pollution in the light of international law |
| title_full | Identification of the effective components in liability and compensation for marine pollution in the light of international law |
| title_fullStr | Identification of the effective components in liability and compensation for marine pollution in the light of international law |
| title_full_unstemmed | Identification of the effective components in liability and compensation for marine pollution in the light of international law |
| title_short | Identification of the effective components in liability and compensation for marine pollution in the light of international law |
| title_sort | identification of the effective components in liability and compensation for marine pollution in the light of international law |
| topic | Liability insurance Compensation for Marine Pollution Environmental damage International law |
| url | http://oiccpress.com/ap/article/view/8554 |
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