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X-Press Pearl owner, operator and agent liable under “polluter pays principle”, says ASG
The grossly negligent and deceitful conduct of the owner, operator and agent of stricken container vessel X-Press Pearl make them liable to pay damages on the “polluter pays principle” for the constitutional violation committed against the Sri Lanka State, Additional Solicitor General Nerin Pulle, PC, told the Supreme Court.
Making submissions before a bench comprising Chief Justice Murudu Fernanado, Justices Yasantha Kodagoda, Shiran Gooneratne, Achala Wengappuli and Priyantha Fernanado, ASG Pulle said the State is not responsible for the environmental pollution caused by the X-Press Pearl disaster and the resulting environmental damage.
He said that in view of the principles of jurisprudence evolved by the Supreme Court and the international human rights regime, the owner (ESO RO Pte Ltd), operator (Sea Consortium Singapore and Killiney Shipping) and agent of the vessel (Sea Consortium Sri Lanka), are solely responsible for the incident, by acting in a “wilfully negligent, reckless and deceitful manner” as the vessel was foisted on to Sri Lanka waters by them without disclosing the situation onboard to the Lankan authorities.
ASG Pulle submitted that despite bearing responsibility for the incident, the owner, operator and agent of the vessel have challenged the jurisdiction of the Supreme Court, claiming they are not subject to its jurisdiction. He argued such a contention is against international human rights law that requires States to hold transnational corporations liable for fundamental rights violations, as well as the Sri Lanka Constitution.
He charged that the owner, master and operator of the vessel knew about the leaking container of nitric acid at least from May 11, 2021, and despite this, they did not take any measures to discharge the container, such as employing mid-sea salvors, or going back to the port of Jebel Ali, even though the cost could have been recovered from the merchant. The case resumes on March 24.
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