Analysis of Mitigating Theory of Oil-tanker Owner's Liability for Reparation of Damages Caused by Oil Pollution in Iranian Maritime Law and International Convention for Civil Liability for Oil Pollution Damage (CLC)

One of the states’ responsibilities for protection of the environment, regards compensation of the damages caused by oil-tankers. The International Convention on Civil Liability for Oil Pollution Damage (CLC) 1969 and Iranian Maritime law, have paid attention to the responsibility of states, vessels and tankers owners, refineries, beavh and offshore facilities proprietors for Oil damages caused by their activities. The present paper adopts a descriptive-analytical approach and by analyzing two instruments, tries to answer the question as to reparation methods for oil tankers pollution in Iranian law and CLC convention and their exceptions. The research’s findings show that by proof of elements, unlimited responsibility can be placed on flag state, owners and operators and if shipowner can prove damage is wholly or partially due to injured party’s own action, he can be exempt from responsibility. In the case of reparation, the Convention has envisaged methods for financing of damages. In comparison of Iranian law and convention, Iranian maritime law in articles 75 onward, has approached limitation of shipowner’s liability on the basis of fault theory while except for sections 2, 3 article 4, the convention holds the shipowner responsible for any damages resulting from discharge or oil leak in the time of accident, on the basis of strict liability and it comes from section 4, article 3 that no claim is heard against the owner except according to the convention, on the basis of risk theory.