On The State's Claims For Compensation For Pollution Damage To Marine Environment

Nearly all the civil laws in the world have provisions of the compensation for the personal injury or property damage caused by marine environment pollution, but it is inadequate for the compensation for damage to the environment itself, such as the deterioration of the nature or deduction of the natural resources. This is the same in China, so it is necessary for us to develop new therapies to answer the questions, such as what is the damage to the marine environment that the state has right to claim for compensation, what is the theory basis of such claim and how the damage should be calculated, etc.The author will tentatively answer the above-mentioned questions on the basis of studying on the relative conventions, native laws and cases on environmental liability and considering the reality of China. In addition, the author will disprove the conception of durative damages to natural resources brought up in Chinese practice. At the end of this paper, the author will answer the question that which authorities have the right to assess and claim the marine environment damages and will propose the improvement of the environment damage assessment system.