A Study On Claim For The Clean-up Costs For Oil Pollution Damage From Ships

With the oil resources being explored quickly and the increasing speed of oil transportation, oil spill accidents frequently happen and therefore, much loss takes place in fishing and tourism industries. Because the clean-up costs cannot be fulfilled completely, the problems have appeared. The study on this topic is necessary.Besides introduction and conclusion, the thesis can be divided into five parts. The first part gives a general introduction to the clean-up costs in oil pollution accidents from ships, including concept, international, domestic and foreign legislation profiles, as well as analysis of subjects of right and obligation for the clean-up costs. The second part analyzes the legal nature of the clean-up costs in oil pollution accidents, and analyzes the character of the compensation of the costs as civil liability, administrative liability, and civil or administrative liability three situations respectively. The third part analyzes the claim patterns for the compensation of the costs. In allusion to the claim situation of clean-up costs, they make an analysis of pros and cons on compensation of the costs used for civil and administrative liability. The fourth part introduces some procedure problems of suing the costs, which contains civil and administrative ways. The fifth part puts forward ideas on how to perfect the related legislations in China.The author makes use of different research methods to explain the nature of clean-up costs, based on the concept of "clean-up costs" and comparison between Chinese and foreign legislations. The thesis also gives advice on how to perfect Chinese legislation. The author expects that the thesis could do some good to the judicial practice.