Maritime law, in an environmental context, represents a complex field regulating the use of marine spaces and the prevention of marine pollution. For Georgia, as a maritime nation, protecting the Black Sea ecosystem from threats posed by ships and coastal facilities is particularly important. This service covers legal issues related to marine environment pollution, including oil spills, ballast water management, and dumping waste at sea. International conventions (such as MARPOL) and local legislation impose strict obligations on shipowners, ports, and terminals. Violations lead to substantial fines, ship arrest, and liability for damages. Legal assistance in this area involves preventive consulting, incident response, and representation in court.
What Does Marine Environmental Legal Service Cover?
Our service focuses on marine pollution prevention and incident management:
- MARPOL Compliance: Auditing ship equipment and operations for compliance with international pollution prevention standards.
- Oil Spill Incidents: Legal response to oil spill facts, evidence collection, and management of the damage compensation process.
- Ballast Water Management: Implementing requirements of the International Ballast Water Management Convention and handling disputes in case of violations.
- Port Environmental Regulations: Obtaining environmental permits for ports and terminals and developing waste management plans.
- Ship Arrest: Legal assurance of procedures for ship arrest and release due to environmental violations.
- Insurance Disputes (P&I): Interacting with P&I Clubs regarding compensation for environmental damage.
Common Scenarios and Needs
The most common problem is the discharge of sewage or oil products from a ship into the harbor, which is immediately detected by the Department of Environmental Supervision. In such cases, the ship faces a fine (often 65,000 GEL or more) and liability for damages. The ship's captain and owner need urgent legal assistance to release the ship and appeal the fine if the facts are disputed. Also, ports often face issues related to dust generated during open handling of cargoes (e.g., coal, ores), leading to sanctions.
Georgian Legislation and Regulations
The main act of the field is the "Maritime Code of Georgia", which defines general principles of marine environment protection. The Administrative Offences Code (Article 58²) imposes fines for sea pollution. Georgia is a party to the MARPOL 73/78 convention and other international agreements (CLC, Fund Convention) regulating liability for oil pollution. Enforcement is carried out by the Maritime Transport Agency and the Black Sea Convention Inspection of the Department of Environmental Supervision.
The Process: How a Specialist Works
When an incident occurs, the lawyer immediately goes to the site (port). They attend sampling and protocol drafting to ensure procedural correctness. If a violation is established, the lawyer negotiates with the insurance company (P&I Club) to submit a bank guarantee so that the ship is not arrested. At a later stage, the amount of the fine or damage is appealed in court, presenting alternative expert conclusions.
Why Legal.ge?
Marine environmental law is a niche specialization requiring deep knowledge of international conventions and technical nuances. Legal.ge gives you access to maritime lawyers experienced in ship arrests, releases, and environmental litigation. Specialists on our platform will protect your interests in Black Sea ports and ensure smooth business operations. Find maritime law experts on Legal.ge.
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