On The Improvement Of The Civil Legislation Of China's Oil Pollution From Ships

The history of oil pollution caused by vessels can be traced back to the year 1942 when the vessel "E.H.Blum" broke into 2 parts. At that time the quantity of oil carried by and leaking from "E.H.Blum" was comparatively little and therefore the international community did not think much of the accident. However, the emergence of ultra-large tankers since the 1956 Suez Canal Crisis and the increasingly great tonnage of these tankers may render unimaginable oil pollution damage once tanker spills occurred. As the quantity of oil carried by sea increases, the accidents of tanker spills and tanker sinking have become common occurrences. These accidents have done great damage to the ocean environment and therefore have directly promoted international and national legislation on this issue.Boasting its long coastline, China is not only a large shipping country but also a large importing country of oil. In recent years, the problem of oil pollution in China's sea territory caused by vessels has become more and more serious. However, the national legislation in our country on oil pollution caused by vessels is rather incomplete, especially that there is no systematic regulatory framework in the area of civil legislation. And it has resulted in various problems in cleaning up spilt oil and lodging a claim for compensation. This article discusses how to improve China's civil legislation on oil pollution caused by vessels on the basis of the study on international conventions and national legislation of other countries regulating oil pollution caused by vessels.This article consists of seven chapters.In chapter 1 the author carries out intenational conventions on oil pollution caused by vessels. Nowadays a complete and feasible legal system in connection with civil compensation for damages done by oil pollution has come into being in the international community under the framework of 1969 CLC,1971 FC and their protocols as well as 2001 Fuel Convention, which are of great reference to improve China's legislation regarding compensation for damages done by oil pollution.Chapter 2 focuses on the status quo of and the need to improve China's legislation regarding oil pollution caused by vessels. By analysis of public law and private law on ship oil pollution, the author find the private law of ship oil pollution need consummation most, then the author put emphasis on it.Chapter 3 devotes to definitions of "ship" and "oil" in conventions and legislations in representative countries. The author clarifies the kinds of bunker oil pollution. Our legislation does not give an exact definition of "ship" and "oil" when definiting "oil pollution". The author thinks the definition of "ship" should be broard; it had better include the ships sailing on sea , river and lake. And the oil pollution damage caused by non-persistent oil should be regulated.Chapter 4 concentrates on which ship shall bear the liability for oil pollution damage. The author also states the concerned parties how to bear joint and several liability for oil pollution damage in case of collision. Then the author represents which party will be liable when collision is caused by the ships regulated by different conventions.Chapter 5 states how to fix on extension of loss caused by oil pollution. The author thinks our legislation had better not provide pure economic loss and punitive compensation when considering shipowner's compensate ability.In chapter 6 the author discusses limitation of oil pollution liability. Regarding the situation of China, we'd better make different limitation of libility for ships sailing in different navigate and for persistent and non-persistent oil.In chapter 7 the author states that our legislation should provide strict principle in shipowner's liability for tanker spills. Then the author advises to constitute national compensation fund for oil pollution, at the same time to consummate compulsory liability insurance system in our country.