The Legal Issue in this Case
The main legal issue of this case is the collision of two ships that led to the killing of millions of people and the dumping of waste along the sea. The incident can be referred to as one of the most tragic cases in the history of Kuwait (Video). The case resulted in decomposed bodies, pollution of the water, and dumping of the ship’s wreckage along the seashore. Therefore appropriate environmental law must be taken to help in guiding the best way of dealing with the case.
Article 77 in Law No. 42 of 2014
This law calls for protecting and maintaining natural resources and combating any form of pollution that may damage the environment. The law further burns any party or institution from carrying out any work without taking care proper assessment of the environmental impact (Bambulyak & Ehlers, 2020). Therefore, it obliges all institutions to implement all the engineering and environmental standards the law sets. This approach guarantees the preservation of biodiversity and promotes sustainable development.
How the Government Reclaims the Civil Loss
When a ship collision occurs, the Kuwait government compensates the affected. The above liability is guided by the Kuwait Maritime Law no 28 for 1980. During that period, three critical factors are considered. These include the act which resulted in the loss, the nature of the damage, and the causal link between the damage and the act. By using the above-stipulated approaches, the government will have the opportunity to reclaim the losses created.
Similar Cases
Surprisingly, it is notable that similar cases as the one shown had occurred. In February 1981, Hellenic Navigator collided with a thirty-man crew and damaged a stationary Aramco oil mining company ship (Lee et al., 2019). When the issue was presented to the law court, it was discovered that the former was liable for the damages. It was discovered that the ship’s captain had failed to take the necessary measures before ramming the docked Armco ship.
The Solution
The best solution to the issue is to train and educate the captains to avoid such cases. Subsequently, when they occur, it is crucial for the institution to take charge of the damages caused. Furthermore, they should be compelled to clean the environment where the damages have occurred. The application of such a principle will ensure that the ship owners become vigilant and reduce the possible cases of damage.
The Ethical Issue in this Case
The main ethical issue is the high carbon footprint left behind by these forms of damage. In most cases, the high level of pollution results in the loss of biodiversity (Aljamali et al., 2021). This trend may further results in the death of a high number of the human population if no proper measures are undertaken. Therefore, it is critical for the government and concerned bodies to make the necessary measures and reduce the chances of such forms of pollution.
How to help EPA Solve the Issue as Computer Engineer
As a computer engineer, I am ready to develop some of the best software to help guide captains when navigating the sea. My software will use the principle of compass direction to detect the path and give a warning sign in case of danger (Aldosari, 2019). I believe in this guidance’s ability to help reduce the possible reoccurrence of the case.
The Latest Research and Nations Affected
The latest research on the issue is that the case may be avoided as much as possible. Using the most advanced technologies, the captains may have to watch out for possible collisions (Aljamali et al., 2021). When they occur, researches indicate that thorough investigations should be carried out to determine the liable party. A similar case occurred in February 1981. Hellenic Navigator, with a thirty-man crew, collided with and damaged a stationary Aramco oil mining company ship in Saudi Arabia. The case was solved by making the former liable for the loss.
References
Aldosari, K. R. (2019). Marine safety and pollution prevention from oil spills in the Arabian Gulf: a comparative study of applicable international and regional conventions. Web.
Aljamali, N. M., Al Najim, M. M., & Alabbasy, A. J. (2021). Treatment of Oil Spills and Heavy Metals in Environment. International Journal of Metallurgy and Alloys, 7(1), 8-15p. Web.
Bambulyak, A., & Ehlers, S. (2020). Oil spill damage: a collision scenario and financial liability estimations for the Northern Sea Route area. Ship technology research, 67(3), 148-164. Web.
Lee, P. T. W., Kwon, O. K., & Ruan, X. (2019). Sustainability challenges in maritime transport and logistics industry and its way ahead. Sustainability, 11(5),1331. Web.
The ship graveyard environmental pollution in Kuwait. (Video). Web.