Study On The Legal Problems Of The Compensations For The Pollution Damage By Drilling Platforms

As complex equipment with complicated technology, high cost and frequent offshore operations, drilling platforms are now arousing particular concerns and some relevant commercial and legal problems are becoming increasingly prominent. Among these problems, the platform operation safety and the threats to the environment reflected by the maritime casualties in China are of great concerns. This paper starts with the relationship between vessels and drilling platforms, conducts a study on the legal problems of the compensations for the pollution damage caused by drilling platforms and puts forward some suggestions for improvement of the legislations and judicial systems in China.This thesis consists of four chapters:Chapter one makes an overview of the drilling platform and elaborates the relationship between vessels and drilling platforms.Drilling platform refers to an offshore structure which can be used to drill and explore for oil and it is essential to marine exploration and development. This chapter discusses the physical and legal characteristics of drilling platforms and analyzes the relationship between vessels and drilling platforms from the perspective of vessel's definition in China Maritime Code and whether the legal system which regulates the relations pertaining to vessels is applicable in legal issues related to pollution damage caused by drilling platforms from angles of structure and function of drilling platforms.Chapter two describes the present situations and related legislations for handling oil spill from drilling platforms. With the sustained and rapid economic development, China's demand for energy resources, especially oil,is increasing continuously, the amount of offshore oil exploration and development is growing rapidly at the same time, pollution caused by drilling platforms is getting worse. However, the International Maritime Conventions which regulate drilling platforms are mainly anti-pollution technical conventions. On contrary, the Conventions regulating pollution damages caused by drilling platforms are not perfect. This part also discusses and comments on the legal status of liability for pollution caused by drilling platforms.Chapter three elaborates on the necessity of improving the relevant legal system on compensation for pollution caused by drilling platforms. This part mainly discusses the necessity from the perspective of the polution and the charactoristics of drilling platforms and the improvement of the oil industry.Chapter four is about the author's suggestions for the improvement of China's compensation law on the pollution damages caused by drilling platforms and puts forward some countermeasures and suggestions for the improvement of the legal system related to the compensation for damages caused by drilling platforms'pollution. In considering the specific conditions in China and based on the experience of the international community in handling legal issues related to pollution damages caused by drilling platforms, the paper puts forward some countermeasures and suggestions for mitigating and dispersing pollution damages caused by drilling platforms.