On The Obligor Of Oil Pollution Damage From Ship

Who shall be liable for loss or damage caused by oil pollution from the ship? And under which circumstances are they going to compensate? This paper aims to answer these two questions above.On basis of Chinese prevailing law system, after nailing down the applicable law, the author discusses the obligor of CLC oil pollution damage and the obligor of non-CLC oil pollution damage irrespectively.The author holds that except for some special circumstances, only CLC92 shall apply in the case of CLC oil pollution damage with foreign relation and the obligors include the ship owner, insurer and other person giving security only. In the case of CLC oil pollution damage without foreign relation and non-CLC oil pollution damage, if oil pollution damage is totally due to factual dominator (including their employee and agent) of the ship leaking oil, the factual dominator will be the obligor; if all the damage is attributed to a third party (with intent or fault), the third party will be the obligor; if the damage is resulted from both of the factual dominator of the ship leaking oil and the third party, both of them are the obligors.