Ship Oil Pollution Damage, Civil Compensation Range

The shipping industry has become the main source of oil pollution at sea due to its operational characteristics, therefore, it is urgent for the maritime law to establish an impartial and rational legal system of compensation for the oil pollution caused by ships at sea. It is of great importance to the effect of the oil removal and the environmental protection whether the compensation proves to be enough and timely. As a result, we can't afford not to pay much attention to the study and constitution of the aforesaid legal system.This dissertation took full consideration of the characters of the infringement of oil pollution caused by ships, combined the principles of compensation for damages caused by infringement provided by the Civil Law and the newest development of the Environmental Protection Law, and discussed the legal problem in the perspective of Economics. The author considered the conditions of our country ,made reference to the regulations of the international conventions and the provisions of other shipping countries, and put forward the suggestions on which damages caused by the oil pollution should be compensated and to what extent the same could be compensated.This dissertation was composed of three parts. The first part analyzed the characteristics of the infringement of oil pollution caused by ships at the first, and then pointed out why and how the maritime law should be amended to regulate the infringement of oil pollution caused by ships. Next, it demonstrated the range of compensation for damages caused by ships from the perspective of Economics. At last, it indicated the principle for ascertaining the range of compensation for damages caused by ships. The second part firstly made a division of the damages of oil pollution caused by ships, and secondly dissertated the nature of, the conditions for and the limitations to the compensation for each kind of damage. And finally it enumerated the specific items included in each kind of damage and the formulas for the calculation of the each damage. The last part concentrated on the legal advice on the compensation for the oil pollution caused by ships at sea.The author tried to make innovation in the following three respects:For the first respect, the author systematically constituted the system of compensation for the oil pollution caused by ships at sea. For the second respect, the author made use of the theories in the field of Economic Analysis, and for the third respect, the author used mathematic formulas to calculate the damages caused by oil pollution.