خلاصة:
Floating damage refers to the natural compensatory capabilities, the disappearance, or the invisibility of damage caused by harmful behavior or operations. Due to the characteristics of the seabed, the damages resulting from maritime transportation are fluid or floating, which creates a significant challenge for legal systems in protecting the marine environment. These challenges arise in three areas: the feasibility of assessing the damages, how to evaluate them, and finally, determining and issuing judgments regarding the damages incurred. This paper employs a descriptive-analytical method to address the concept of floating damage in the marine environment and to outline its characteristics. It concludes that the inefficiency of legal systems in protecting the marine environment is due to the lack of a specific victim in most marine environmental damages, the fluidity of the damages incurred, and ultimately the absence of clear criteria for assessing and compensating these damages. The paper suggests a strategic approach to compensating damages to the marine environment, the criteria should be the estimation and relative assessment of the damages, regardless of whether the damages are present, disappeared, or compensated naturally. Such estimations and assessments are carried out considering scientific, economic, and expert criteria. As a result, judicial decisions in this area focus on the feasibility of realization and continuity of the damage rather than its definitive or tangible realization.
ملخص الجهاز:
Floating Damage; Possibility of Compensating Damages to Marine Environments Resulting from Maritime Transport 2 Mojdeh Bostan 1 | Alireza Arashpour 1.
These rules are a set of regulations that oversee the possibility of harmful actions to the environment, the permissible level of pollution, and the conditions for continuing or canceling permits, and prescribe environmental standards for specific actions” (Mosavi & Tabatabaeinejad, 1393: 464) Most threats to the marine environment stem from maritime activities, because commercial shipping is an area for the largest volume of cargo transfer in the world.
With this macro perspective, it can be understood that the multitude and great diversity of solids become scarce in liquids, and the marine environment, as the largest unit of liquids, is considered a different bed for damage entry; for For example, noise pollution resulting from maritime transport is considered in numerous laws, and in the event of damage, the damaging agent is obligated to compensate for the damage, while it is by no means clear how this damage can be assessed and estimated.
Although contingent valuation can be used for all categories of costs and measures, such as measures taken to neutralize noise pollution caused by shipping under the sea, or a person's unwillingness to use the beach due to health risks caused by waste disposal, or people's willingness to pay to preserve biodiversity in a marine area, and although this method can be used to estimate both consumptive and non-consumptive values and does not require any preliminary data to provide estimates; however, there are always concerns about the accuracy of the results of these valuations, because this technique relies on hypothetical commitments rather than actual behavior.
(
, 
, 
)
