The Study On The Scope Of The Ship-source Oil Pollution Compensation

In recent years,with China's rapid economic development,oil consumption has greatly increased,and marine oil transport activities have become increasingly frequent. However,the fast growth of marine petroleum conveyance and the macro-scale of oil tanks will make our country's waters be threatened by the maritime oil accidents, particularly heavy maritime oil accidents.However,there is no specific law to address the issue under the Chinese law. Claimants have to civil liability law,such as the General Principles of Civil rely on the ordinary and Environmental Protection of the Sea,which has caused jurisdictional uncertainty and given rise to much controversy.As a result,we can't afford not to pay much attention to the study and constitution of the aforesaid legal system.The paper points out a few important concepts in maritime shipment oil pollution, such as "vessel" and "oil",and carried on a distinction to the related concepts in each convention;and carry on the analysis comparison of the scope of maritime shipment oil pollution in different international conventions,such as 1969CLC,1992CLC and 1992FC,etc.The paper has compared different characteristics of the United States, Canada and the Great Britain in lawmaking in the meantime,which makes it possible for our country to draw lessons from them to build up our own maritime shipment oil pollution law system in the future.Next it indicated the principle for ascertaining the range of compensation for damages caused by ships.The paper specially studies certain difficulties of this topic,which include pure economic loss,damage to the ocean environment and cleaning costs.The paper introduces their concepts,the disputes about them,and in comparison with their countries,concludes the rules and means that Chinese court adopt and gives some suggestions and advices for reference to Chinese legislators and judges.