Contratos marítimos de transporte de mercadorias, na navegação liner, e a responsabilidade por dano ao meio ambiente marinho

Abstract

The growth in international trade, especially the maritime trade in goods, has for many years been removed from concerns about protecting the environment. However, changes in society, driven by the processes of globalization, the promotion of new technologies, have increased marine pollution and maritime disasters and generated a concern to harmonize both environmental and commercial contexts. In order to preserve marine ecosystems, many International Conventions and documents suggest to protect marine ecosystems, such as UNCLOS, MARPOL 73/78, SOLAS and IMO documents. Thus, the principle of sustainable development was raised internationally, progressively changing the economic logic of actors in international trade: it considers the protection of the environment not only as a cost, but also as investment in a commercial sphere. In this moment, among different forms of navigation, the one that protects marine environment the most is the liner navigation, through the application of end-of-the-art technologies and cleaner technologies from the management of marine fleets by a shipping company or group. However, the dynamicity of the maritime activities imply in some facts, whose occurrence damages the marine environment, which does not have direct protection neither from the maritime insurance policies, nor from international conventions and documents, such as maritime accidents and incidents, especially collisions. In this scenario, the transactional actors play a significant and complementary role in the preservation of the marine environment, considering the private environmental governance that solidifies. Thus, international contracts, which guide the navigation by line, can serve as a complementary tool in the preservation of the environment not only by the contract's characteristics, but also by the liner form of navigation. It is understood that contracts can dispose about liability for environmental damages when accidents and incidents happen. It is a hypothetical-deductive study, theoretical, bibliographic, descriptive and exploratory research.