Environmental crime and judicial rectification of the Prestige oil spill: The polluter pays

The enforcement of institutional rules requires the judicial system to perform well. In the case of oil spills, courts are key actors in determining the allocation of liabilities according to international and national norms. In 2002, the Prestige oil spill led to a major environmental disaster on the coasts of Spain, France and Portugal. The limitations of liability provided by the International Regime of Civil Liability and Compensation for Oil Pollution Damage have prevented the polluters from fully compensating injured parties for the damage the spill produced. In 2013, the Spanish Provincial Court of A Coruña condemned the captain of the tanker for disobedience, but no environmental crime was found; therefore, no further civil liabilities were incurred. Nevertheless, in 2016, the Spanish Supreme Court overruled the ruling of the provincial court and proclaimed the existence of an environmental crime. This judicial rectification changed the allocation of liabilities, extended the application of the polluter-pays principle, and opened a different stage for estimating and covering the costs of the damage. This paper presents a highly relevant case study that analyses the new situation involving oil spills and the distribution of liabilities within the current international regime.