A Study On Legal Liability Of Oil Pollution Arising From Collisions The Non-Oiltanker

When the ocean environment is damaged by oil pollution attributing to collisions of ships, there occurs a puzzle that how to bear the liabilities of oil pollution damages between(or among) the crashing ships. There don't have a uniform cognition in judicature practices of our country. Mostly, there are three kinds of way: the first one is the principle of ship leading oil compensate in advance; the second one is the principle of bearing the liability jointly and severally; the third one is the principle of undertaking the liability according to their proportion of lapse between (among) the collisions. The three ways are discussed separately in this article.The chapter one are commontations on the principle of ship leading oil compensate in advance. We understand that this way is a correct choice mostly by studying the evolution of International Convention on Civil Liability for Oil Pollution Damage, 1969 and the regulations of liable body, principle of liability and bearing the liabilities jointly and severally. Therefore, this principle have its shortages result in the law localization.The chapter two are commontations on the principle of bearing the liability jointly and severally. Via comparing the jural relation between the collision and the oil pollution damage, we can make a conclusion that they are different in principle of liability, and they have different legal system respectively, so we must differentiate them in practice. Further, the author comprehend their diatinctions by comparing the scope of compensations between oil pollution damage and collision.The chapter three are commontations on the principle of undertaking the liability according to their proportion of lapse between(among) the collisions. Mostly by learning the theory of causaity relation and join tort, the author conclude that the two ships are not liable within the scope of liability of oil pollution damage arising from collisions jointly and severally.The chapter four are discussions on the puzzle that how to bear the liabilities of oil pollution damage between(among) the crashing ships. Then the author analyses the compensation scope and limitation of liability of the non-oiltanker.Finally, the author summaries viewpoints of the article, and make suggestions to our country's maritime law.