Studies On MINRANGONG2 V. EAST SEA209 Limitation Of Liability For Oil Pollution Damage

The increase in the volume of oil carriage about the increase in oil spills, oil tanker collision in which fuel oil or cargo oil cause the leak is the most destructive, it will not only caused sea pollution, ecological environment, natural resources such as fisheries resources of non-reply destruction, and the owner of oil tankers, oil operators and the relationship between all people and so on in the economic loss is astronomical. In order to prevent and control pollution caused by huge losses, the international society and the various countries formulate or implement relevant laws and regulations with a view to minimize the loss of compensation to achieve the most reasonable degree.This article focuses on the responsibility limitation of Compensation for Oil Pollution Damage refer to ships in which destructive damage happen whether in the voyage at the port, the owner or other people who have the liability for damage, according to the law, can limit their liability in some degree of law. This article analyzes the cases, and uses comparative methods and puts forward the point view that international terms should be apply to Limitation of damage liability for our country oil pollution damage to promote our country's sea industry, and Limitation term of liability is the same.This article is divided into five parts. The first part introduces the case and focus of the law,For oil tankers because of collision caused the accident, the limitation of liability for damages to their practical experience to do the introduction. The second part introduces the proper subject of limitation of liability for maritime claims, Some combination of international conventions and domestic legislation of developed countries in Europe and America, the system theory and the relevant legislation had been discussed with a view to our country at this stage of the compensation system for oil pollution damage and improve the set up to provide some valuable advice. The third part researches the law application of the limitation of liability for maritime claims, The use of comparative law, normative analysis on the ship the law governing compensation for oil pollution damage and limitation of liability applies to the system are discussed. I believe that happened in the waters of China's foreign-related factors do not damage the case of Marine should be the application of international treaties, the promotion of our country with the international maritime trials, in line with the development of the times.The fourth part analyzes limitation term of liability, The problem in the application of the law on limitation of liability should be considered as an important factor. The fifth part analyzes our country's legal system for limitation of damage liability and put forward the author's advices, On our country's lack of legislation and made some necessary aspects of sound, regardless of the application of the law on any questions, he must try to maximize the benefits for the protection of the fundamental purpose of our country.