Contractual Liabilities for Reducing Environmental Pollution in Marine Transportation: An Analysis

The contemporary era has seen maritime transportation of goods playing a pivotal role in global trade. With the increase in such practices, it became imperative to establish international regulations governing the same. The changing needs and wants on international carriage of goods by seas brought in several new requirements, one of which was eco-friendly shipping. Despite global acknowledgement of its importance, practical implementation remains elusive. Similar to other transportation modes, ships emit carbon dioxide, and can occasionally be seen to have unfortunate accidents during transit which results in irreversible pollution which substantially impacts the marine ecosystems. Therefore, safeguarding the environment during the carriage of goods by sea emerges as a critical concern that demands immediate attention at the international level. One way of increasing the practical efficiency and ensuring implementation is by creating liability over the parties entering into a contract for this carriage of goods. This paper aims to analyze the scope and effectiveness of creating contractual liabilities to address environmental pollution caused during transportation of goods by sea. The study aims at understanding the existing international framework governing maritime transportation and the environmental protection to identify the gaps and opportunities for incorporating eco-friendly practices through contractual agreements.