Legal Research On Establishing Unit Limitation Of Liability Of Marine Shipping Oil Spilt

Now, the carriage of oil by sea has become the most important part of transports by sea. While the transport brings on the development of economy, it results in certain damage to ocean environment. The oil splits of ships bring a series of civil claims. We can clearly see from the enaction of nongovernmental agreements to the international convention that the pollution of oil has arousen the attention of the whole world. At the same time the indemnity mechanism of oil pollution is enacted and modified.After analyzing and studying the international and domestic accidents and the current international convents, the paper considers the mechanism of the civil indemnification is not perfect and it should establish a system of the unit limitation of liability of indemnity of oil pollution as a complement mechanism. The paper demonstrates the feasibility and necessity of establishing the system from the views of jurisprudence economic and jurisprudence etc. And then the paper puts forwards the own views of how to establish the system. Due to the limitation of the horizontal restrict in profession, the paper just gives the outlines analysis. The author hopes that the views in the paper can cause attention of the exports and actual practice worker etc, they can further proceed to analyze the argument and put forward relative legislative progress.The author adopts form instance method and contrast analysis method etc. The author also collects various data and discusses the feasibility and significance of the argument with exports and scholars etc again and again. There is one explain that the unit limitation of liability of oil is different from the carrier's limitation of liability for the loss or damage to the goods. At last, the paper analyzes the current domestic system of indemnity of oil pollution and puts forward that establishing this kind of system can solve certain mess of insurance mechanism of oil and of the domestic indemnity mechanism in certain degree The damage of oil pollution is more complicated and just an indemnity system can not solve the whole problems. The prevention, salvation, compensation is indivisibility system. But establishing a system of unit limitation of liability of indemnity of oil pollution can further solve the current mess.