A Study On The Fund Guarantee System For Emergency Response Mechanism Against Shipboard Oil Spillage

Along with its economic growth China's domestic demands for oil are dramatically increasing. While the increase in demands leads to higher shipping transport density and higher risks of oil spillage accidents. In spite of some efforts involving pollution-cleaning and monitoring as emergency response work and the initial establishment of an emergency-response mechanism, owing to the absence of support from relevant legal institution, the compensation for expenditure on starting up the emergency response mechanism against oil pollution damage has not been available. The absence of fund guarantee system for emergency response has a direct influence on the development and improvement of emergency response work. Currently, the capacity to respond to emergencies remains to be improved. It's imperative to establish a fund guarantee system for shipboard oil spillage.Starting with the necessity analysis, this thesis falls into four parts, analyzing relevant experience home and abroad and putting forward some legislation suggestions on the establishment of special fund for emergency response mechanism.Chapter 1 analyzes the necessity of establishing the fund. The author firstly elaborates the relevant definitions and current situation, pointing out the absence of fund guarantee in China; then analyzes the dilemma of lacking domestic fund system and inappropriate choice of joining international compensation fund.Chapter 2 introduces relevant experience dealing with similar problems in international community, including the civil liability against oil pollution damage and compensation fund mechanism established in international conventions, the domestic trust fund mechanism involving the emergency fund in America and the combination of domestic regulation and international fund in Canada. Based on the above, the author concludes that instead of joining an international fund, China should choose to establish a special fund for emergency response mechanism with experience borrowed from abroad. Chapter 3 is an introduction of China's domestic practices and experience, including the quality improvement of emergency pollution cleaning staff in accordance with market rules in Shenzhen and Zhou Shan port; the special fund for small-scale no-owner oil spillages in Da Lian as well as the establishment of emergency response center by oil owners represented by CNPC, thus clarifying the fund system is crucial for the efficient operation of emergency response mechanism against shipboard oil spillage.Chapter 4 discusses the feasibility and some proposals of establishing this fund, which involves the contribution of the fund, the scope of its application, management and payment procedures. At last, the author explores the interfacing issues concerning the special fund, the control insurance system for oil pollution responsibility and the compensation fund, etc.The author wishes to provide some legislation suggestions for the establishment of the compensation fund regulations against oil pollution damage.