Dr Mohammad Hassan Al Kandari
Advisor, Fatwa and Legislation Department
Council of Ministers, State of Kuwait

Abstract:

This comment concerns the French Court of Cassation’s ruling (Crim., 25 September 2012, No. 10-82.938) regarding the Erika oil tanker incident, which the researcher considers a unique and unparalleled ruling, and a creative achievement by the French criminal judiciary in the field of protecting the marine environment from pollution by oil and its derivatives.
The researcher concluded from this comment that this ruling represents a significant and successful leap forward by the French criminal judiciary in protecting the marine environment from pollution by oil and its derivatives, and a correct understanding of the importance of preserving it. The court based its ruling on convincing arguments against the defendants, based on its knowledge of the seriousness of the damage pollution causes to environmental elements and human health. It established clear boundaries for the coastal state’s right to apply its national legislation and extend its jurisdiction over the exclusive economic zone with confidence and authority over marine pollution crimes.
It also established compensation—for the first time—for environmental damage, in addition to compensation for material and moral damages resulting from marine pollution. The court took into account the criminal and civil liability of the oil tanker charterer based on scientific and legal Principles that are consistent with sound law in terms of legitimacy and appropriateness. The researcher asserts that this ruling is credited with French legislators introducing amendments to the Civil Code; it is truly a significant effort.
Keywords: jurisdiction, criminal liability, compensation, agreements, exclusive economic zone, territorial waters, environmental damage.

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