Prospects for a civil liability compensation scheme for oil pollution damage in Libya as a transitional state

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Aljaridi, HA, 2020. Prospects for a civil liability compensation scheme for oil pollution damage in Libya as a transitional state. PhD, Nottingham Trent University.

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Abstract

This research introduces Libya's current situation as a state since 2011, initially through the conceptual framework of post-conflict, transitional and failed states. It also analyses the Libyan modern history's key developments to clarify its effects on the Libyan situation. Furthermore, it highlights the post-2011 period, including the successive governments' priorities and the central institutions' role.

This study then argues that the existing fault-based liability regime in terms of oil pollution applied in the Libyan courts cannot secure compensation for oil pollution damage. Thereby, the study examines the application of strict liability in Libya's oil pollution cases during the transitional period, which helps avoid the foreign cause, such as the act of a third party. It sheds light on the practical implementation of a new strict liability compensation scheme in Libya through capacity developments regarding legal, judicial, environmental institutions and capacity building in this regard.

This research proposes a new compensation scheme based on the International Oil Tanker Pollution Compensation Scheme model to activate the Libyan legal system regarding civil liability for oil pollution damage. The research utilises an approach to analyse the current legal framework and selected oil pollution cases to present its implementation weaknesses. This approach considers the influences of the historical factors, the characteristics of the Libyan state after the revolution of 2011, the impacts of the current transitional period on the cases of oil pollution damage, and the role played by the National Oil Corporation and the national environmental administrative institutions in this regard.

The research proposed adopting a compensation regime based on strict liability instead of the current fault-based rule regarding oil pollution cases. This proposal also respects the conditions of the current Libyan transitional period. The study puts forward policy recommendations for Libyan legislators to bring about a more efficient and effective system regarding civil liability for oil pollution damage. Developing this new approach for civil liability for oil pollution damage may serve as an example for the broader context of legal development regarding the civil liability regime in Libya and potentially serve as a model for similar transitional countries regarding civil liability compensation schemes for oil pollution damage.

Item Type:	Thesis
Creators:	Aljaridi, H.A.
Date:	August 2020
Rights:	This work is the intellectual property of the author. You may copy up to 5% of this work for private study or personal, non-commercial research. Any re-use of the information contained within this document should be fully referenced, quoting the author, title, university, degree level and pagination. Queries or requests for any other use, or if a more substantial copy is required, should be directed to the owner(s) of the Intellectual Property Rights.
Divisions:	Schools > Nottingham Law School
Record created by:	Laura Ward
Date Added:	06 May 2022 14:00
Last Modified:	06 May 2022 14:00
URI:	https://irep.ntu.ac.uk/id/eprint/46276