An Analysis of the Foundations of Strict Liability for Compensation of Damage Caused by Oil Pollution under Iranian Law: A Comparative Examination of the CLC Convention

Abstract

Environmental pollution resulting from oil-related activities is regarded as one of the most significant contemporary legal and environmental challenges because of its extensive and often irreversible consequences for human life, ecosystems, and the economy. One of the principal bases of civil liability for addressing such damage is “strict liability.” Unlike fault-based liability, strict liability does not require proof of wrongdoing on the part of the person responsible for the damage; rather, the occurrence of damage and the existence of a causal relationship are sufficient to establish liability. This approach has been expressly recognized in several international instruments, including the International Convention on Civil Liability for Oil Pollution Damage (CLC). This article aims to analyze the foundations for recognizing strict liability in the compensation of oil pollution damage under Iranian law and to compare them with the provisions of the CLC Convention. This theoretical study employs a descriptive-analytical method and draws upon library-based sources, including legislation, legal textbooks, and scholarly articles. The findings indicate that although Iranian law has not expressly and generally recognized strict liability as a general basis of civil liability, tendencies toward adopting this basis can be observed in specific environmental legislation and judicial practice, particularly in relation to hazardous oil-related activities. By contrast, the CLC Convention expressly establishes strict liability as the principal basis for compensating oil pollution damage and holds the shipowner liable without requiring proof of fault. This difference in the explicitness and comprehensiveness with which strict liability is recognized has created gaps in the Iranian legal system. To enhance the effectiveness of Iran’s legal framework in addressing oil pollution, domestic legislation should move toward the express and comprehensive recognition of strict liability. Furthermore, full accession to relevant international conventions, including the CLC Convention and its supplementary protocols, is necessary to facilitate the prompt and effective compensation of damage.