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VOL. 1, ISSUE 2 (2025)
Maritime disasters and legal vacuum: Unpacking India’s maritime environmental governance gaps
Authors
Dr. Emil Stanley, Saly Margret
Abstract
Recently the coast of Kerala witnessed two major maritime disasters.
First was the sinking of MSC Elsa and
the second one the fire in Wan Hai 503. These incidents have raised serious
concerns about the vulnerability of Indian Maritime environmental governance. This
article explores the legal and institutional deficiencies that arose following
the disaster, focusing on the shortcomings of the Merchant Shipping Act of
1958, the lack of a specific liability framework for non oil marine pollution,
and the poor enforcement of international agreements like MARPOL. The
discussion points out that overlapping jurisdictions between central and state
authorities, a lack of transparency in cargo reporting, and inadequate
compensation mechanisms for communities hinder an effective response system. By
comparing these issues to international best practices, the article calls for
immediate legislative changes to create a comprehensive and enforceable
framework for marine environmental protection and liability regime in India. It
concludes by stressing the importance of aligning maritime law with the
polluter pays principle and ecological justice, ensuring that coastal
communities are supported in the aftermath of maritime environmental disasters.
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Pages:1-5
How to cite this article:
Dr. Emil Stanley, Saly Margret "Maritime disasters and legal vacuum: Unpacking India’s maritime environmental governance gaps". International Journal of Applied Review
, Vol 1, Issue 2, 2025, Pages 1-5
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