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The Study On The Scope Of The Maritime Shipment Oil Pollution Compensation

Posted on:2007-08-03Degree:MasterType:Thesis
Country:ChinaCandidate:J ChenFull Text:PDF
GTID:2166360212958572Subject:Environment and Resources Protection Law
Abstract/Summary:PDF Full Text Request
"The petroleum is the blood of industry", which is also the important material that guarantees our country's economy high speed development and citizen lives level to rise continuously. Our country's petroleum consumption highly depends on import, a very big part of which depends on the marine conveyance. However, the fast growth of marine petroleum conveyance and the macro-scale of oil tanks will make our country's maritime space be threatened by the maritime oil accidents, particularly heavy maritime oil accidents. Therefore, the certainty of the scope of the maritime shipment oil pollution compensation as soon as possible so as to establish a fair and reasonable maritime shipment oil pollution compensation system is not only the realistic demand of our country's economic social development, but also an urgent problem need to be solved in our country's lawmaking.This paper has analyzed an international maritime shipment oil pollution case example-the case of "Exxon Valdez", which indicated that the maritime shipment oil pollution has such characteristics as follows: the internationalized region scope, the diversified victim, the oneness of the main body who is responsible for the compensation, the extensive scope of compensation and the limited amount of compensation. All of these show that the study on the scope of maritime shipment oil pollution has very important meanings. The paper points out a few important concepts in maritime shipment oil pollution, such as "vessel" and "oil", and carried on a distinction to the related concepts in each convention; and carry on the analysis comparison of the scope of maritime shipment oil pollution in different international conventions, such as 1969CLC,1992CLC and 1971FC, etc. The paper has compared different characteristics of the United States, Canada and the Great Britain in lawmaking in the meantime, which makes it possible for our country to draw lessons from them to build up our own maritime shipment oil pollution law system in the future. Meanwhile, the paper analyzes three rules, which are full compensation, limited compensation and reduced compensation, to establish out country's scope of maritime shipment oil pollution compensation from the economics angle, and their...
Keywords/Search Tags:damage from maritime shipment oil pollution, the scope of compensation, removal cost, pure economic loss, natural resources damage
PDF Full Text Request
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