Study On The Obligations Of Related Subjects In China Under The Conventions In The International Law System Of The Oil Pollution From Ships

The oil pollution from ships has been attracting extensive attention at home and abroad because it spreads rather widely,exists for a very long time,extremely hard to prevent from,causes significant damage,difficult to figure out loses and so on.There are two segments,at present,of the international law system of the pollution herein, one of which strengthens oil-proof measures from the perspective of state power under the public law,while the other is inclined to regulate the compensation to the victims of the pollution under the private law.These two segments constitute the international law system of the pollution herein from different angles.Due to the constraints,this thesis just makes research about relevant international conventions China has accepted, trying to indicate the obligations of related subjects from three angles—legislation, enforcement of law,and law-abiding.Moreover,recommendations are made on how the respective subjects fulfill the obligations given current situations in China.Besides the introduction,there are four chapters altogether in this thesis.The first chapter,beginning of this thesis,introduces the concept of the oil pollution damage from ships,the International Maritime Organization which constructed the international law system thereof,the background and spirit of the legislation of related international conventions under that system and comments thereof.The second chapter introduces the international conventions relating to oil pollution from ships China has accepted,and the domestic legislations China has formulated.By comparing the two aspects aforesaid,the similarities and differences between them,and as well the current problems thereof,are to be pointed out. Following that,the problem about priority between them is studied basing on the relationship between international conventions and domestic laws.Finally,legislative proposals are made on how to build up the legal mechanisms of compensation for pollution damage herein in China. The third chapter researches about the way that maritime law-executors of China fulfill the obligations under the conventions,including issuance and inspection of the oil pollution prevention documents,port state control,supervision to oil clean-up operations at port,investigation and dealing with the incidents resulting from pollution herein,the responsibilities in supervision and management under the Oil Pollution Emergency Plan by the Maritime Safety Administration,as well as undertakes of the Vessel Inspection Institutions in checking on constructing and repairing ships.At last, some suggestions about law enforcement are proposed for the law-executors.The fourth chapter studies that how the ship companies fulfill the obligations under the conventions,including complying with the provisions of control of discharge of oil for seagoing ships,filling out the Oil Record Book correctly,purchasing the compulsory liability insurance for oil pollution from ships,reporting about pollution incidents,and carrying out the Oil Pollution Emergency Plan.Then this chapter ends up with some advice thereto.The last part,the conclusion of this thesis,is to sum up the contents and suggestions in the preceding chapters.