Baxriddinova n. M. Zaripova m. D
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Party to the Convention. The Brussels Convention is set liability limit of 210 million. Conventional gold francs (2 thousand. Francs for 1 register ton tonnage). The owner of the ship may be exempted 184 from liability if he proves that the damage: - was the result of war, hostilities, or natural phenomena; - It was wholly caused by an act or omission of a third party with intent to cause damage, or was wholly caused by the negligence or other wrongful act of any Government or other authority responsible for the maintenance of lights or other navigational aids in the exercise of this function. The Geneva Convention on Civil Liability for Damage Caused during Carriage of Dangerous Goods by Road, Rail and Inland Navigation Vessels (1989), found that for the damage caused by any dangerous goods during their carriage from the time of the incident the responsibility of the carrier. As for the Brussels Convention, the carrier is relieved from liability if he proves that the damage resulted from military operations, hostilities or natural phenomena; caused by the action of a third party with intent to cause damage. A special example of imposing international liability for damage caused to the environment, is liable to be applied as a result of military action. Although the Convention on the Prohibition of Military or Any Other Hostile Use of Environmental Modification Techniques (1977), during the Gulf War was carried out large-scale deliberate destruction of the environment for military purposes. A few days after the start of the war actions of Iraqi forces have led to the flood of 6 - 8 million barrels of Kuwaiti oil in the waters of the Arabian Gulf.. For 4 days the bombing of Iraq blew up most of the oil wells of Kuwait in 1250, which resulted in a fire at nearly 600 oil wells and were covered with huge oil area of the country. UN Security Council Resolution number 687 of April 3, 1991 reaffirmed the liability of Iraq to foreign states, individuals and legal entities for damage to the environment, and for the destruction of natural resources as a result of the invasion of Kuwait. In accordance with this Resolution Fund was established, the funds which have come from Iraq, amounting to about a quarter of its annual oil revenues. These funds are intended to cover the damage, which is estimated to have reached 50 bln. Dollars. International Environmental Court. In the practice of the international community there are environmental disputes requiring resolution by international bodies. To this end, in July 1993 as part of the International Court of Justice (The Hague) created "camera on environmental issues." At the initiative of a group of lawyers at the founding conference held in Mexico City in November 1994, it was established by the International Court of Environmental Arbitration and Conciliation (International Environmental Court). It is a non-governmental organization. The first panel of judges includes 29 environmental lawyers from 24 countries. The activities of the International Environmental Court is governed by its Articles of Association, according to which the court to settle international disputes on the protection of the environment and nature in three forms: a) by consulting interested parties at their request, on the basis of a legal analysis of a particular situation; b) by the reconciliation of the disputing Download 2.71 Mb. Do'stlaringiz bilan baham: |
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