The International Chamber of Shipping (ICS) and the International Shipping Federation (ISF), which are the principal international trade association and employers' organisation for shipowners, has expressed disappointment with the European Court of Human Rights' decision on the 'Prestige' case. They have been supported by INTERTANKO.
The comments are in response to the recent decision of the Grand Chamber of the European Court of Human Rights that there was no violation of human rights in 2002 when bail was set at EUR3.0 million (US$4.1 million) for the release of the master of the tanker 'Prestige' following the oil pollution caused by the break up of the ship off the coast of Spain.
"The judgment is disappointing but not really surprising in that it confirms that even the Supreme Court of the European Court of Human Rights views this case as being about environmental disasters, rather than providing a proper analysis of whether there has been an unlawful violation of the Master's human rights," they said in a statement.
"Seafarers deserve the security of uniformity and certainty as to how their conduct and actions will be determined by local courts, based on internationally agreed standards. Sadly, however, it seems that a change in the current political climate will be required, which will be a long term process.
"A major problem the industry faces in the immediate aftermath of a serious pollution incident is that the factors at play locally are often political rather than legal. There is a perception amongst the public that the 'polluter' should be punished and foreign seafarers, by definition, have no local political constituency. However, the industry will continue to explain that pollution will be cleaned up, and that the costs of any damage are covered, regardless of fault, by very efficient international liability regimes."
