International Responsibility of the Sponsoring State for Exploitation of the Area Resources in Light of the Requirements of International Environmental Law

Subject Areas : environmental low

Javad  Salehi ¹ (Associate Professor of Faculty Law at Payam-e-Noor University, Tehran, Iran)
Hossein  Alekajbaf ² (Associate Professor of Faculty Law at Payam-e-Noor University, Tehran, Iran)

Received: 2018-05-19 Accepted : 2018-09-05 Published : 2021-06-22

Keywords: Convention on the Law of the Sea, Environment International Law, marine environment, International Liability Law, Sponsoring State,

Abstract :

The obligations of the Sponsoring State are subject to liability arising from the requirements of international environmental law. The obligations of the Sponsoring State in protecting the environment of the area are of an appropriate nature, assessment, precaution, prevention, control and compensation. However, if the Sponsoring State has taken all necessary and appropriate measures to the best of its ability to bind the sponsored contractor, it will not be liable for damages resulting from the contractor's activities. This situation means that the damages resulting from the contractor's activity to exploit the resources of the area are not compensated. However, the international community should not, in any case, suffer the damage caused by the contractor's activities to the marine environment. Undoubtedly, the inability of the Sponsoring State to control and oblige the contractor to fully comply with international standards in the exploration and extraction of marine resources should not be taken into account by the international community. It is imperative that the Sponsoring State be absolutely responsible for the damages caused by the contractor. If the damage is due to the fault of the contractor, the Sponsoring State shall compensate it and then deduct it from the contractor's bail. If the damage caused by the negligence of the Sponsoring State, it should compensate the same damage so that in any case the damage to the marine environment is not left unattended and the damage is not inflicted on the international community body.

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