OIL TANKERS RESPPONSIBILITY IN CAUSING MARINE POLLUTION COASTAL STATES' EFFORTS IN TERRITORIAL SEA IN REGARD TO INTERNATIONAL MARINE CONVENTION (S000347)

The worst environment degradation comes from marine pollution, therefore, some international conventions created to deal with this issue by global participants. Oil spill is the worst impact of marine pollution which comes from oil tanker accident. Thus, the liable party on behalf of oil tanker must be responsible, however, in imposing the regulation on polluter some obstacles exist. In addition, as directly impacted from oil pollution, coastal states have to take appropriate measure in their territories, particularly territorial sea which will suffer so many people located nearby.

The purposes of this thesis are to comprehend the responsibilities of oil tankers in causing marine pollution, coastal states' effort in handling marine pollution in territorial sea regarding international conventions, and obstacles faced by oil tanker when implementing international conventions concerning marine pollution.

In conducting this research, this thesis was completed by using normative research. The data are from statutes, law books, law papers and journals. Those sources are obtained from the library and online sources then processed and analyzed precisely.

The results of this research confirm that under international conventions concerning marine pollution, the responsibilities of the oil tanker caused oil pollution shown by giving compensation to the victims or/and repairing polluted area from oil spills. Indeed, the liable party to oil tanker accident is the shipowner, according to civil liability. Then, it confirms that coastal states such as Indonesia has ratified international marine conventions in order to prevent, reduce and control marine pollution as obliged in international conventions. It needs to emphasize that enforcing the rules in field practice as not easy as created the regulation. On the other hand, couples problems are also identified in implementing international convention concerning marine pollution, such as the financial limitation of shipowner, lack of assistance for the victims in compensation process in order to be paid adequately, and lastly the ignorance of shipowner to respond polluted area.

Some recommendations according to this research are the coordination among countries needs to be enhanced in order to prevent, reduce and control marine pollution, and more strengthened regulation is required to impose strict liability to the shipowner so the victims would be compensated adequately and polluted area would be covered in appropriate measures.