The Study Of The Subject About Liability Of Vessel-based Oil Pollution Damage

At present, the world oil demand for energy is very strong! With the large scale of oil transporting, vessel-based oil pollution accident happened frequently in waters. To solve the compensation of the damages about oil pollution, with the coordination of the International Maritime Organization (IMO) and the Committee Maritime International (CMI), under the strict liability system of the emerging environmental laws and fault liability system with maritime compensation limit, by the law of Civil Liability Convention (C.L.C), Fund Convention (F.C) and Supplementary Fund Convention, it has established the framework of security system about oil-pollution compensation, including the subjects of dual liabilities, the one of direct liability is ship-owner and the other of indirect liability is oil owner.It allows obligatory liability insurance and contribution to compensation fund. But the subject of the compensation is triple, the first is the fund of compensation limit, the second is the fund of compensation, the third is the fund of supplementary responsibility. I will start from the introduction of special torts about ship oil-pollution, summarize the scheme of compensation of oil pollution damages which is studied deeply in academe, including the strict liability, exemptions from the liability, the extensive scope of compensation, insurance of liability, the limit of compensation, and so on. More details about the C.L.C, the Fund Convention, and the US 1990 oil pollution law, and the differences among these laws about dual liabilities. I will labor the laws and functions of triple compensatio.Meantime, I will review the old rules, the joint international conventions, and the new legislations about oil pollution in China. Based on the economical status and the fact of shipping of China, in my opinion, we should stick to the double-criterion (Home and Abroad), consummate the security institutions of double compensations into triple compensations under the system of dual liabilities, building the liability insurance and the fund of compensation. Finally we can construct the general social compensation system as supplemental responsibility. I wish the suggestions could be helpful for the practice of the vessel-based oil pollution liability and compensation.