Civil Liability for Oil Pollution Damage in Libya: An Analytical Study in Light of National Law and the Theory of Objective Liability

Abstract

This study aims to analyze civil liability for oil pollution damages in Libya by evaluating the national legal framework and exploring the appropriateness of applying the theory of objective liability as a more just basis for achieving compensation. The problem of the study stems from the shortcomings of the Libyan legal system in addressing environmental damages resulting from oil pollution. Libyan civil law generally holds people responsible for harm only if they are proven to be at fault, which makes it hard to deal with oil pollution cases due to the complicated nature of the damage, the time it takes for effects to show up, and the challenge of proving a direct link between the pollution and the harm caused. Despite its comprehensiveness, Law No. 15 of 2003 on the Protection and Improvement of the Environment did not include specific regulations for liability or compensation mechanisms for oil pollution damage. The study relies on a narrative approach, through analyzing national legal texts, particularly Law No. 15 of 2003 and the Libyan Civil Code, in addition to reviewing relevant legal principles and theories, such as objective liability. The study concludes that current legal rules do not provide sufficient guarantees for achieving environmental justice or protecting the rights of those affected by oil pollution. This highlights the need for legislative reforms based on objective liability to provide adequate compensation mechanisms and ensure redress for those affected.