Study Of International Convention On Civil Liability For Bunker Oil Pollution Damage, 2001

With the international ship bunker oil pollution damage growing constantly, IMO began to pay great attention to bunker oil pollution. Under the efforts of IMO legal committee and its member states, Bunker Oil Convention,2001, after 6 years' discussion, finally came to an agreement, and entered into force in 2008. The convention not only fills the gaps of bunker oil pollution in international ship pollution damage compensation legal mechanism, but plays a promoting role in preventing and reducing marine pollution. As a great marine country, China joined in the Bunker Oil Convention actively, and the convention entered into force in China on March 9th,2009. Since the enforcement, Bunker Oil Convention has been performed well in China, and brought a lot achievement. At the same time, bunker oil pollution preventing and damage compensation mechanism of China is building step by step. But, because of the convention itself and the special situation of China, several issues emerges in the performance of Bunker Oil Convention. Hence, we need to research the Bunker Oil Convention deeply to ensure that the convention is performed well. The article is divided into four chapters, and its main content is as follows:The first chapter introduced the basic condition of Bunker Oil Convention, including the background and situation of Bunker Oil Convention, and the background and situation of the enforcement of this convention in China.The second chapter analyzed the key content of Bunker Oil Convention. This chapter divides these key content into three parts:application, liability and compulsory insurance. On this division, through comparing with other conventions, the article analyzes the content, principle, positive effect and the issues need to be defined of this convention. The third chapter analyzes the issues existing in Bunker Oil Convention. On the basis of chapter two, the article focuses and analyzes the theory and practice issues existing in each aspect of this convention itself, with giving the relevant countermeasure.The forth chapter analyzes the effect and countermeasure Bunker Oil Convention brings to China. This chapter analyzes the positive effect and challenge, this convention brings to the legislation, marine department and business of China separately. Then, aiming at the issues existing in the practice of Bunker Oil Convention in China, the article give the countermeasure in the aspects of legislation, marine department and business of China.Hope the deep study of Bunker Oil Convention in this article would be helpful to solving the issues existing in the performance of this convention, and finally building perfect domestic bunker oil pollution damage compensation mechanism.