Maritime Transport Law and Carrier Liability in International Conventions and Iranian Law: Emphasis on Oil and Petrochemical Cargoes

Abstract

Maritime transport, as the most important mode of cargo carriage in international trade, plays a fundamental role in the transportation of energy, raw materials, and industrial products. In this regard, the maritime carriage of petroleum products and petrochemical goods is of particular legal importance due to the hazardous nature, flammability, potential environmental impacts, and high economic value of such cargoes. The aim of this study is to comparatively examine the foundations, scope, and effects of carrier liability in international maritime transport conventions and Iranian law, with an emphasis on oil and petrochemical cargoes. The present study was conducted using a descriptive–analytical method and relied on library sources, international instruments, maritime conventions, and Iranian legal regulations. The findings indicate that the carrier liability regime under the Hague–Visby Rules is primarily based on presumed fault accompanied by broad exemptions, whereas the Hamburg Rules and the Rotterdam Rules have adopted a stricter approach by limiting exemptions, expanding the scope of liability, and strengthening the protection afforded to cargo interests. It was also found that the Iranian Maritime Law of 1964 was largely influenced by the Hague–Visby Rules and faces legislative gaps in areas such as the carriage of dangerous goods, liability arising from marine pollution, multimodal transport, electronic transport documents, and compensation for environmental damage. The results of the study indicate the necessity of revising and updating Iran’s maritime regulations in light of modern developments in maritime transport law and international standards in order to enhance the safety of oil and petrochemical cargo carriage, provide more effective protection for cargo interests, and ensure the protection of the marine environment.