Study On System Of Civil Liability For Oil Pollution Damage From Ships

Vessel oil pollution accident could cause great damage to our ocean environment with an increased tendency year by year, and accordingly domestic Maritime Court accepted quantities of this kind of case more than before. However, due to our country's failure to establish civil liability system in respect of vessel oil pollution, the theory circles have much divergence in some relevant questions thereof. At the same time, in the justice practice, the Court failed to find out the law basis in the course of hearing this kind of case, resulting in different judgements to the same facts owing to use of different laws. In view of the above circumstance, the author writes this paper. With regard to outstanding questions concerning oil liability in theory and practice as well, this author sums up eight aspects as follows:1. How to cognize the attribute of legal relation in respect of compensation to vessel oil pollution.2. Choice of law application3. Cognizance on liability body4. Liability of application and exemption5. How to responsible for victim by two collided vessels6. Cognizance on scope of compensation in respect of oil pollution7. Limitation of liability in respect of oil pollution8. Form of liability and burden between insurer and liable-manAbove contents constitute a whole civil liability system in respect of vessel oil pollution. Basing on clearance of aforesaid questions, the author puts forward legislation suggestions on establishment and improvement of civil liability system concerning vessel oil pollution.Given Article 66 of Ocean Environment Protection Law of P.R.C has regulated definite frame in respect of civil liability system concerning vessel oil pollution wholly basing on CLC and Fund Convention, as well as successful experience on this oil pollution compensation system drafted by CMI which has been historically tested, this paper focuses on relevant regulation of 1969CLC and 1992 Protocol, pointing out their advantage so as to could be adopted, their disadvantage so as to could be avoided in the future's legislation. At the meantime, we have given an explanation on relevant articles(even if too over-principle in his regulation). Combining international regulation with domestic regulation, this paper uses contrasting argument and utilizes principle of tort law and international convention in an attempt to clear all kinds of disputes and further puts forward legislation suggestions on establishment of civil liability system concerning vessel oil pollution. It should be noted that the author always emphasizes one fact under Chinese oil pollution background: more small vessels, more accidents arising from small vessels who have not enough money for compensation. Therefore, with regard to the proposal of legislation by whatsoever means and for whatsoever contents, we must discuss it under this background. Alsotherefore the author consider that china cannot copy simply the regulation of CLC, which should be used by choice and condition, otherwise, we would not sort out disputes and instead make the situation worse. So we need to establish civil compensation liability system in respect of vessel oil with Chinese character.It is very urgent to establish and improve this kind civil liability. It is noted that some major marine countries, including U.K., America, Canada have establish special law system to regulate civil compensation liability in respect of vessel oil. How to set up a Chinese-character system by a guide of the coordinate development is an important topic facing legal circles. Meanwhile, we wake to understand that in order to make this goal come true we still have a long road to go.LI HUI BIN(Interaational Law) Directed by Prof. HOU JUN...