Study of the Methods of Recouping the Losses in Maritime Incidents and the Efficiency of Such Methods

Maritime transport industry is progressing qualitatively and quantitatively, especially in transporting the fuel materials such as the oil; and it is obvious that the related technologies are being developed increasingly as well. According to the estimations, currently more than 93% of the commodities are being transported through the seas and water channels. A glance at the internal and international nature of this transportation way on the one hand, and the potential threats upon the ships, passengers, and commodities due to the natural coercive accidents, and human errors on the other hand show the necessity of a unique law that can settle the probable claims because such incidents undoubtedly leads to some sorts of loss. With its long history and its especial attention to the rules and principles of the maritime transport, insurance and environment, Maritime Law or the Law of the Sea roots back to the long past in the customs and traditions of the marine travels.The principle of indemnity has a long history in international customs. Studying the methods of recouping the losses in maritime incidents and the efficiency of such methods is the main objective of this research. We have used descriptive analytical methodology to approach the subject. Moreover, we have used archival methods by studying the internet resources, and related journals to collect the needed data of the research. The findings of the research imply that despite all international principles and requirements and the application of the general rules, the recouping methods has not been efficient in the case of maritime losses. Accordingly, it is inevitable to try to develop a more efficient system of law for recouping the maritime losses, especially the environmental damages. But before such an attempt, it is vitally important and necessary to regulate some rules and to create some methods to prevent the environmental damages because some damages and losses are not recoupable.