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Perfect, From The Collision Of Ships Oil Pollution In China Ship Oil Pollution Compensation System

Posted on:2007-06-06Degree:MasterType:Thesis
Country:ChinaCandidate:W YuFull Text:PDF
GTID:2206360212955664Subject:International Law
Abstract/Summary:PDF Full Text Request
Without a doubt, the protection of marine environment is a common focus widely shared by the whole world. Oil pollution damage to the sea by vessels is the most serious among various kinds of pollution damage to marine environment. And due to the irreplaceable use value of ocean shipping, in a foreseeable period of time we have to choose this way of transportation. It is well known that china is one of the major oil-importing countries and it's overseas transportation has been dramatically flourished during recent years. Unfortunately the prosperity adds to the risk of oil pollution damage to the sea. The contradiction between the unprecedented boom of ocean shipping and the increasingly severe situation of oil pollution damage has been impossible to reconcile. Confronted with such a paradox, three urgent problem need to be solved. How to reduce the oil pollution damage caused by ships? How to make sure the sufficient compensation for the aggrieved party? And how to prevent the recurrence? Jurisprudentially speaking, the settlements of the trouble rely on the logical design of institution of law. We need to perfect compensation system and stimulation system to achieve the final target of maximum of maritime prosperity and minimum of the oil pollution damage.In this connection, several international conventions have been promulgated to create the legal system for defining liability and compensation, such as "International Convention On Civil Liability For Oil Pollution Damage" and "International Convention On The Establishment Of International Fund For Oil Pollution Damage". The dual compensation system built by the two convention is proved to be efficient in solving claim for compensation. For now, more than 70 countries has been parties of them. China ,as an big power of marine, only joined 69CLC and has no special domestic law regulating the marine oil pollution damage at current stage. Due to the shortage of straightforward provisions, the enormous damage to marine environmental...
Keywords/Search Tags:joint and several liability, designing of right of appeal, compulsory liability insurance, claim directly against the insurer, domestic compensation fund for oil pollution
PDF Full Text Request
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