Oil Pollution Damage Prevention And Control Mechanisms

Oil pollution on the sea not only causes gigantic loss but also makes great damages to the biology resources and the whole ecosystem on the sea. And the current situation is that, international primary legal system concerning preventing and controlling marine oil pollution has established, while related legislation in china is till incomplete. When facing with frequency of oil pollution, low compensation, lack of compulsory insurance regulations and confused legal application have exposed the freak preventing and controlling ability of china. This article discusses how to build up legal framework to prevent and control marine oil pollution in china, referent to international experience and models.Began with three famous cases, "Torry Canyon", "Amoco Cardiz"and"Exxon Valdez", the author analyzed the formation and development of international preventing and controlling legal system, and introduced three main models in the world: International conventions Model, National legislation Model, and Combination Model. The author also discussed the trend of international related legislation, and pointed out that international legislation has paid much attention on decreasing oil pollution technically, enlarging the bound of legal application and compensation, promoting liability limitation and restricting conditions of liability limitation, and so on. This article also introduced the details about fund and related regulations and rules in <1990 Oil Pollution Act> (the USA), <1995 Merchant Shipping Act> (Britain), and amendment of Shipping Act of Canadian.In the fourth part of this article, the author pointed out the advantages and disadvantages of our attendance of <1992 Fund Convention> and <1992 Liability Convention>. In the author's opinion, attending these two conventions at right time could bring us good economic and environment benefits. And at the same time, the great amount of distributes will be a great burden for our oil company. Therefore, we should perfect our national oil pollution compensation system at first before attending the <1992 Fund>. Our legal system should stick on the...