Landmark Ruling on Marine Pollution
Sri Lanka’s highest court has issued a landmark judgment, ordering the Singaporean shipping company Express Feeders to pay a substantial US$1 billion in damages. This ruling comes four years after the MV X-Press Pearl, owned by the firm, sank off the coast of Colombo, causing the island nation’s most severe marine pollution disaster. The Supreme Court’s directive mandates that the company must make the payment within a year, while also noting that further compensation may be required as directed by the court. The case was brought forward by environmentalists who argued that both the government and the ship’s owners were negligent in their handling of the situation, failing to prevent what became an unprecedented ecological catastrophe. This judgment sets a significant precedent for holding international corporations accountable for environmental damage in national waters and marks a major victory for environmental advocacy in Sri Lanka.
Controversy Over Compensation and Legal Battles
The court’s decision follows a series of legal actions and a previous attempt by the shipping firm to limit its financial liability. Initially, Express Feeders paid US$7.85 million to cover immediate cleanup costs and compensate local fishermen who lost their livelihoods. However, the company later secured an order from London’s admiralty court, which capped its liability at a maximum of £19 million. Sri Lanka is currently appealing this decision, arguing for a more substantial compensation package. The Sri Lankan government has also filed a separate lawsuit against the ship’s owners in the Singapore International Commercial Court, although that case is on hold pending the outcome of the London Admiralty Court’s ruling. These ongoing legal battles underscore the complex and international nature of seeking damages for marine disasters and the challenges faced by nations in holding foreign entities fully accountable.
Ecological Disaster and Negligence
The sinking of the MV X-Press Pearl in June 2021 unleashed a catastrophic environmental disaster. The vessel was carrying 81 containers of “dangerous cargo,” including acids and lead ingots, which contributed to the severity of the pollution. The most visible and widespread damage was caused by tons of microplastic granules from the ship, which blanketed an 80-kilometer stretch of Sri Lanka’s western coastline. This plastic pollution was so extensive that it led to a months-long ban on fishing, severely impacting local communities. Investigations into the incident revealed that the crew was aware of a nitric acid leak nine days before the fire erupted. Prior to arriving in Sri Lankan waters, the vessel was refused entry by ports in both Qatar and India, a crucial detail that highlights the potential negligence and the chain of events that led to the devastating blaze and subsequent sinking.
