Legal Problems Concerning Compensation For Oil Pollution Damages From Ships

As supposed to adjust the legal relations of ships, the legal system of Compensation for Oil Pollution Damage from Ships has the characteristics of such laws as Tort Law, Environment and Resources Law and Marine Law etc., it is international, professional and exceptional. At present, there is no specific legislation for Compensation for Oil Pollution Damage from Ships, and the legal execution in this field is incongruous and debatable, it is not good for the prevention and remedy of ship oil pollution problems. The construction and improvement of the legal systems of Compensation for Marine Oil Environmental Damages in China should be considered from four perspectives: the subject, range, remedy method and remedy procedure.Firstly, as for the problem of the legal subject of compensation for marine oil environmental damage, it should be clearly investigated from the angles of the obligees and the man on duty, Specific analysis should be given under various conditions so as to ascertain the status and qualifications of the subjects.Secondly, concerning the range of compensation for marine oil environment pollution damage, there is no specific regulations in this field, the legal provisions related to the oil compensation could be found in such law and regulations as General Principles of the Civil Law, Environmental Protection Law, Water Pollution Control Law and Marine Environmental Protection Law. The current situation of legislation will certainly lead to incongruity and dispute in legal execution, so the range of compensation for marine oil environment pollution damage should be specifically prescribed according to the international conventions, and the international pact and the current legislation should also be referenced. The range of compensation includes property damage, personal injury, moral damage, marine environment rights and pure economic losses, the standard of compensation range should be respectively stated.Thirdly, as for the remedy method of compensation for marine oil environment pollution damage, China should establish the mechanism of risk share by shipowners' P&I club, compulsory insurance system of compensation for marine oil environment pollution damage. Fourthly, concerning the remedy procedure of compensation for marine oil environment pollution damage, China should centre on the arrest of ships procedure, and take the strict liability as main principle of the imputation that could be applied to the cases of compensation for oil pollution damage from ships, the reverse of proving obligation is carried out in the aspect of burden of proof, the victims are given the direct claim right against the ship liability insurers, at the same time, the civil lawsuit of public welfare (CPWL) and group lawsuit system are recommended to give remedies.The measurements above could also provide some references to the clauses of compulsory liability insurance stated in such current Chinese laws as The Marine Procedure Law of China (Article 97) and Insurance Law.