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Compulsory Insurance Of Pollution Liability For The Carriage Of Dangerous Goods By Sea

Posted on:2008-02-07Degree:MasterType:Thesis
Country:ChinaCandidate:J X ZhangFull Text:PDF
GTID:2166360212981465Subject:Environment and Resources Protection Law
Abstract/Summary:PDF Full Text Request
Along with the rapid growth of carriage of dangerous goods and the impact of growing maritime transportation, carriage of dangerous goods has become an important part of carriage field. Damages caused by marine pollution in carriage of dangerous goods have become increasingly prominent. Compulsory insurance system shall protect the rights of victims and the marine environment.The compulsory insurance system in oil pollution damages has been established, the mechanisms of which are relatively mature. Carriage of dangerous goods by sea has its peculiarities. At present, only "international convention on liability and compensation for damage in connection with the carriage of Hazardous and Noxious Substances by sea,1996"involves marine pollution damages and compulsory insurance system and has not yet entered into force. Chinese relevant laws and regulations are rarely associated with the problem of marine pollution damages caused by the carriage of dangerous goods. It will be a new subject of study to improve marine pollution compensation system and transfer international law into domestic law in both theory and shipping practice.The thesis makes use of the system of compulsory insurance in oil compensation regime to create a system of pollution responsible for the carriage of dangerous goods as a compulsory insurance system. In light of Chinese realities, this paper discusses the need for the establishment of marine pollution damage compulsory insurance system, analyzes the marine pollution damages on the basis of compulsory insurance theory, determines the scope of dangerous good for pollution liability compulsory insurance and explains the basic content of the discussed compulsory insurance. These analyses show that the compulsory insurance shall extend to pollution liability insurance in the carriage of dangerous goods. Extending the scope of insurance to the liability of pollution in carriage of dangerous goods by sea is good to the development of the whole shipping circle and protection of marine environment.
Keywords/Search Tags:Dangerous goods, Insurance institution, Compulsory insurance, Direct action
PDF Full Text Request
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