Banca de DEFESA: CAMILA OLIVEIRA HONORATO DE ARAUJO

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
STUDENT : CAMILA OLIVEIRA HONORATO DE ARAUJO
DATE: 30/07/2025
TIME: 09:00
LOCAL: https://teams.microsoft.com/meet/2163886665793?p=GJNgGL4IOvnuGRC9VU)
TITLE:

THE ORPHAN SPOTS BETWEEN INTERNATIONAL LAW AND NATIONAL LAW: possibilities and limits for environmental civil liability

KEY WORDS:

environmental civil liability, oil spill at sea, legal harmonization, orphan spots, environmental damage.

PAGES: 129
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

Given the potential severity and extent of the damage caused by oil spills at sea, such as those caused by oil tankers, national and international norms, together, must seek to establish harmony in relation to the legal mechanisms for holding marine polluters civilly liable, especially regarding the obligation to repair the damage caused to the environment. This paper aims to clarify which elements of international and national law can condition harmony for the understanding of environmental civil liability arising from damage caused by marine oil spills, as well as which factors represent material or procedural barriers to the legal harmonization of these standards, in order to enable a better understanding of the liability of private agents in cases of orphan spots. With this purpose in mind, some general principles and concepts of public international law will be addressed, which delimit the contours of international environmental law applicable to marine polluters, as well as premises linked to the role of private actors in environmental governance, in order to clarify harmonizing elements for environmental civil liability for damage caused by oil at sea. Next, some material and procedural barriers that prevent the harmonization of environmental civil liability will be raised, with regard to environmental damage caused by oil spills at sea. These obstacles are reinforced by the complex nature of the seas, among which they include: the multifaceted concept of environmental damage; incompatibilities between CLC-69 and national standards, especially in relation to the channeling and financial limitation of compensation to the owner of the vessel and exclusions of liability; and, finally, procedural limitations faced after the damage has been confirmed, such as the monetary valuation of environmental damage and the divergence regarding the imprescriptibility of environmental damage. The research method was supported by a review of doctrinal and normative literature and case examples.

COMMITTEE MEMBERS:
Externo à Instituição - ANDRÉ AUGUSTO GIURIATTO FERRAÇO - PR
Interna - 1977750 - CARINA COSTA DE OLIVEIRA
Interna - ***.153.893-** - FERNANDA CASTELO BRANCO ARAÚJO - UnB
Presidente - 2720249 - GABRIELA GARCIA BATISTA LIMA MORAES