To Prevent The Legal System Of The Oil Pollution From Ships

From the mid-20th century, the problem of environment pollution has gradually aroused global attention. The question of how to coordinately handle the relationship between environment protection and social development has became an important topic and is being discussed worldwide. The different countries also pay close attention to the ocean environment pollution, especially the serious effect to human living environment caused by the fuel oil and bunker pollution . Therefore the necessity of establishing laws and regulations in order to prevent the aforesaid pollution has became a new topic in the shipping law, which also is the fastest developed field among the whole business concerning the shipping law.In accordance with the relevant international conventions, nongovernmental agreements and the typical relevant laws of common law system , and in the light of the performance of the relevant laws of China, this article particularly discusses the international laws for preventing oil pollution and makes a comparative study from the angle of formulation .development and the relevant questions of laws This article also makes a discussion on the problems existed on the relevant laws of China in force and the current condition of the application of the law about the liability of oil pollution arising from the ship-collision. Hereinafter the whole article is divided into eight chapters.The first and the second chapter give a brief introduction on the oil pollution and the relevant international laws about oil pollution prevention. They are also concerned on the macro-introduction on the background, formulation and operation mechanism of the whole the relevant laws and regulations.Aimed at the international conventions on the topic , the third chapter undertakes a detailed discussion on the condition of the oil pollution laws from the different operation mechanism angles, such as precaution reaction, technique management, administrative management, liability contribution, and diversification of risk.The forth chapter carries on a reference discussion on two nongovernmental agreements which played an important role in the law practice of oil pollutiondamage compensation.The fifth chapter discusses the US relevant laws. Exemplified the OPA 1990, comparing it with the relevant international conventions and concerning the important influence carried by the laws, this chapter proves the conservation during the process of establishing oil pollution laws in different countries and the existence of some more strict oil pollution laws.The sixth chapter undertakes a discussion on the problems existed on the currently adopted oil pollution laws in China in the light of the Chinese practice in law formulation. And it also makes an independent discussion on the legal application of oil pollution liability caused by ship- collision.Comparing the oil pollution Damage Guidance enacted by CMI, the seventh chapter discusses the problems such as the liability in oil pollution and the different legal application in damage compensation. The eighth chapter introduces the trend of the development in oil pollution prevention laws.