A Comparative Study Of The Civil Liability Regime Of International, China, Korea And Vietnam For Oil Pollution Damage Caused By Ships

Along with the development of the maritime industry,the Vietnam's Sea is facing marine pollution caused by oil discharge from ships. The case of insufficient and unsatisfactory compensation for poLlution damage caused by ship's oil are increasing.Therefore, this dissertation focuses on the analysis of the status and the weakness of the Vietnam legal system on civil liability for oil pollution damage caused by ships. At the same time, this dissertation also analyzes the research situation of foreign and Vietnam scholars in this field. Henceforth, the dissertation gives reasons and holds that the improvement of the current legal system of Vietnam on civil liability for oil pollution damage caused by ships is necessary and urgent. In order to find out solutions for such improvement of the legal system, this dissertation focuses on the systematic analysis of the international conventions of oil pollution damage caused by ships, including International Convention on Civil Liability for Oil Pollution Damage (CLC); Protocol to the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage (Fund Convention); International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001 (Bunker Convention 2001). The author also compares these international conventions with Vietnam laws of civil liability for oil pollution damage caused by ships as well as gives advantages and disadvantages analysis when Vietnam joins and implements these international conventions. Furthermore, the dissertation continues to analyze Chinese laws. Korean laws and Vietnam laws of civil liability for oil pollution damage caused by ships, from which an assessment of the legal system of these States on civil liability for oil pollution damage caused by ships will be made. Through such analysis, the scientific foundation which contributes to building the Vietnam legal system of civil liability for oil pollution damage caused by ships has been provided. And the dissertation also gives some lessons for Vietnam learned from the experience of China and Korea in the implementation of laws of civil liability for oil pollution damage caused by ships, such as (1) Strengthen the signing and implementing the international conventions related to oil pollution damage caused by ships; (2) Promulgating a specialized law of civil liability for oil pollution damage caused by ships; (3) Establishing the maritime judicial system. In addition, the author proposes recommendations of perfecting the current Vietnam laws of civil liability for oil pollution damage caused by ships, such as the amendment of Vietnam Maritime Code, Law on Environment Protection of Vietnam, etc. The author also proposes a draft of the specialized law of civil liability for oil pollution damage caused by ships for Vietnam.The draft of the specialized law of civil liability for oil pollution damage caused by ships with application scope as well as relevant concepts that are clear and fully. This draft of the specialized law includes clear provisions on legal liability of the owner of oil tankers,and the owner of cargo ships for oil pollution damage; the provisions of mandatory insurance or financial security for oil pollution damage caused by ships. With the provisions mentioned above, the draft of the specialized law of civil liability for oil pollution damage caused by ships will help Vietnam to reduce oil pollution caused by ships,especially help Vietnam to have sufficient legal basis for the calculation and valuation of damage caused by ships oil, the measures to remedy and claim for compensation for oil pollution damage caused by ships adequate and satisfactory.Specifically, the dissertation is divided into the following chapters:Chapter 1: Introduce the reasons of choosing the subject. The author analyzes the researching situation of Vietnam and foreign scholars on pollution damage of the marine environment in general and oil pollution damage caused by ships in particular, and the status of ships oil pollution in the world and in Vietnam. Thenceforth, the author gives reasons and holds that this topic is necessary and urgent for Vietnam. In addition, the methodology, purpose, as well as research results are also analyzed in this chapter.Chapter 2: Analysis of the scope of ships, scope of oil, geographical scope, as well as the basic elements of compensation for oil pollution damage caused by ships; responsible party in the international conventions on oil pollution liability; limitation of liability of the shipowners; scope of compensation for oil pollution damage caused by ships; compulsory insurance or financial security. These contents and analysis create the basis for the author to further analyze and understand the issues that studied in this dissertation.Chapter 3: In this chapter, the author analyzes international conventions on oil pollution damage caused by ships, and the author also assesses the implementation of such international conventions in Vietnam. At the same time, the author compares international conventions with Vietnam laws of civil liability for oil pollution damage caused by ships,from which the author holds that these international conventions will create the basis for perfecting the current Vietnam laws of civil liability for oil pollution damage caused by ships.Chapter 4: In order to find out proposals to perfecting the current Vietnam laws of civil liability for oil pollution damage caused by ships, in this chapter, the author comparatively analyzes the provisions of Vietnam laws of civil liability for oil pollution damage caused by ships with provisions of Chinese laws, Korean laws, from that analysis the author provides some lessons for Vietnam learned from the experience of China and Korea in this field.Chapter 5: In this chapter, the author analyzes the reasons and the necessity of perfecting Vietnam laws of civil liability for oil pollution damage caused by ships as well as provides some proposals for perfecting the current different Vietnam laws in this field.Moreover,the author also proposes a draft of the specialized law of civil liability for oil pollution damage caused by ships for Vietnam - A specialized law with clear contents and provisions of civil liability for oil pollution damage caused by ships which is a necessity for Vietnam in the present stage.Chapter 6: Summary of contribution as well as proposal and recommendation of the dissertation.