Il danno da inquinamento dell’ambiente marino

Onnis Cugia, Federico

2021-01-01

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Abstract

The aim of the paper is to analyse the pollution damage on the sea and its current tripartition because of the functioning of its legal statute (the CLC, the law on the protection of the sea, or — in a residual way — the Environmental Code). Starting from an analysis of the CLC, we find uncertainties whether the definition of “pollution damage” can be sufficient to remedy the damages caused by the worst maritime incidents. Indeed, even though the liability is limited in respect of expenses reasonably incurred or sacrifices reasonably made by the owner, at the same time the environmental values are excluded because they cannot result in a precise financial loss. First of all, it opposes the polluter pays principle. The awareness of the polluter to refund the damages caused by him is the best deterrent action for the pollution. For this reason, the best forms of prevention are the unlimited liability mechanisms, according to article 21 of the Law on the protection of the sea and the Environmental Code.