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China Ship Oil Pollution Compensation Research

Posted on:2007-11-19Degree:MasterType:Thesis
Country:ChinaCandidate:Z Y WengFull Text:PDF
GTID:2206360212455574Subject:International Law
Abstract/Summary:PDF Full Text Request
The issue of the compensation for the oil pollution damages from ships is a hot topic for the international maritime law research and Chinese scholars of maritime law. Lately the cases related to oil pollutions in China has been increasing, the shortcomings of the system of compensation for oil pollution damage have become more obvious. Therefore, to establish an efficient system of compensation for oil pollution damage is the focus of domestic maritime law circle.China is a large oil input country in the world and is also a shipping country. We need to solve many issues in the process of establishing an efficient system of compensation for oil pollution damage, including how to balance the economic development and protection of oceanic environment; how to make the liable parties more conscious of risks and to strengthen the system of risk control management for oil pollution damages.This thesis has been written in order to solve the above issues. The main topics of the thesis are the law of damage liability and the compensation for oil pollution by ships, including how to learn from the international conventions and US OPA; how to establish the basic principal of strict liability in the settlement of oil pollution cases as well as to enhance compulsory insurance system and fund system.The thesis has been divided into five chapters.The first chapter exposes the international and domestic laws and regulations related to compensation for oil pollution damage, such as the introduction of CLC 69 and Fund 71, Fund 92 as well as its application in China. The thesis also points out the current issues in the application of international and domestic laws the international and domestic laws and regulations related to compensation for oil pollution damage.The second chapter exposes the liability rules of compensation for oil pollution damages in China. In this chapter, the thesis introduces the liability rules for international laws of compensation for oil pollution damage from based on the theory of economic analysis of law.The third chapter focuses on the empirical research on the procedural...
Keywords/Search Tags:Oil Pollution from Ships, Compensation for Damage, Compulsory Liability Insurance, Oil Pollution Fund
PDF Full Text Request
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