The Study On The Scope Of The Compensation For The Ecological Damage From The Ship-source Oil Pollution

Along with the development of economic globalization, modern transport technology and shipping business, maritime oil transport has become more and more frequent. At the same time, there have been more oil pollution accidents around the world, which bring more risks to the marine environment."Torrey Canyon"case in 1967,"Amoco Cadiz"case in1978,"Exxon Valdez"case in 1989,"Erika"case in 1999,"Prestige"Case in 2002, these accidents did not only pollute a large area of sea, but also cost the coastal countries a lot.During the last five decades, more and more nations have begun to pay more attention to this issue, and tried to protect the marine eco-interests by means of cooperation and legislation. Compared to the developed countries, e.g. U.S.A., Canada and U.K., the legislation of Oil Pollution Damages in China is deficient, which leads to the legislative uncertainty and gives rise to much controversy. Therefore, it is very necessary to study the scope of the compensation on the eco-damages from ship-source oil pollution.The paper is divided into four chapters:Chapter 1 starts with the definition of"Eco-damage", and gives the legal definition of"the eco-damages from ship-source oil pollution"according to the Convention and foreign acts, and furthermore, evaluates the practice in China.Chapter 2 elaborates and analyzes the parties of compensation for the eco-damages from ship-source oil pollution.Chapter 3 compares the Conventions and the acts of different countries, such as U.S.A., and Canada, and makes it possible for China to draw lessons and optimize its legal system, and elaborates some problems in practice.Chapter 4 provides the appropriate suggestion for the improvement of legal system, based on the trend of legislation over the world.