Legal Study On The Establishment Of A Fund For Compensation For Oil Pollution Damage From Ships Of PRC

With the rapidly increase of the number of the marine transportations of crude oil and the rapid development of shipping industry, there are lots of oil pollution accidents which threat the marine environment. Though China had accepted Protocol of 1992 to Amend the International Convention on Civil Liability for Oil Pollution Damage,1969, it has not established a fund for compensation for oil pollution damage from ships. So victims of oil pollution accidents can not obtain enough compensation for the damage, and the marine environment has not been well protected.This paper details the content of the compensation fund of oil pollution damage of international convention and foreign country step by step, in accordance with The Management Regulations of Collection and Use of the Ships'Pollution Damage Compensation Fund (the Third Advisory Document). At last, author discusses the importance of the construction of Chinese compensation fund, and puts forward detailed provisions that should be adopted in construction.Introduction defines the concept of oil pollution damage, clearing the range of the oil pollution damage in which a fund for compensation for oil pollution damage from ships has been established.Chapter 1 discusses the necessity and background of the establishment of a fund for compensation for oil pollution damage from ships in China. Then it discusses the structure of the fund which is suitable for China, and the legal basis and study process of the establishment of the fund in China.Chapter 2 discusses the nature and the collection of the fund. This paper argues that the fund is Trust-style fund. And it argues that The Management Regulations of Collection and Use of the Ships' Pollution Damage Compensation Fund should be applicable to the compensation for poisonous and harmful substance, but not to the compensation for fuel oil. In addition, it discusses the source and the amount of the collection of the fund.Chapter 3 discusses the specific system of the fund for compensation for oil pollution damage from ships in China, including the range of the compensation of the fund, the order of the compensation of the fund, the application of the fund, the limitation of the compensation of the fund, and the limitation of actions of the compensation of the fund. Chapter 4 discusses the system design of the fund management organization in China. It discusses the legal status and rights and obligations of the fund management organization under the Trust-style fund, and emphatically discusses the right of subrogation of the fund management organization. In addition, it argues the internal system design of the fund management organization, including Fund Management Committee, Executive Council, and Board of Supervisors of the fund.The author wishes to provide some legislation suggestions for related bureaus before the compensation fund regulations of oil pollution damage promulgate.