Study On The Environmental Pollution Damage Of 1992CLC

International Convention on Civil Liability for Oil Pollution Damage 1969 and its Protocol 1992(hereinafter referred to as 1969 CLC or 1992 CLC ) have been playing a great role in solving problems upon civil liabilities for oil pollution damage among civil parties from different countries,ever since they were formulated by International Maritime Organization.We became a member of 1992 CLC on 5^th January 1999,and complied with its rules to deal with civil disputes on maritime oil pollution damage, performing an important role in protecting our maritime environment from pollution and maintaining legal interests and rights of Chinese and foreign clients equally.However, even though 1992 CLC enlarged the compensation scope of oil pollution damage,put forward "compensation for impairment of the environment",yet the standard for this kind compensation is limited to "costs of reasonable measures of reinstatement actually undertaken or to be undertaken",which caused this paragraph have less actual effects in the specific cases of maritime oil pollution,leading to being against the protection for maritime environment as well as against the global trend for environment protecting.This paper,through studying on the concepts of environmental right and environmental tort which were put forward by international community in 20^th century, relying on the study on environmental right and environmental tort in our nomology and civil law and employing methods of comparative analysis together with history analysis and so on,brings up the point to reinterpret the denotation and connotation of maritime oil pollution damage in 1992 CLC,and advances to employ the traditional remedy methods in civil tort to compensate for personal injury,property damages and the environmental interests damages that can be reinstated properly compensation the investigates the legal remedies for the amended maritime oil pollution damage,while pursue a new paratactic remedy method for the environmental interests damages that can not be reinstated properly with traditional civil remedy methods,that is social remedy for environmental pollution damage.