Ship Oil Pollution Purely Economic Damages Range

Recent booming of carriage of oil by sea has caused the increasing risk of oil spills. A serial of claim of compensation especially the pure economic loss and the extent to which should be recovered have come into being. Nevertheless there are no clear definition of pure economic loss in the system of oil compensation. The IOPC FUND admitted the pure economic loss and established the special standard of compensation. OPA 1990 of USA also accepted this kind of compensation however have no made a clear extent.The pure economic loss always leads to endless litigation and the amount of the compensation are always huge.So in the aim of protection of sea environment and the safety of shipping industry a compensation rule must be produced.This article mainly dwells on the extent of pure economic loss of oil pollution damage on the base of the torts law,This thesis is composed of five parts. Using the comparative research method to analyze the relative laws and regulations about this matter and compensation practice of IOPC FUND. At last part the author pose the legislative suggestion on Chinese oil pure economic loss, which consists of taking advantage of IOPC FUND and OPA1990.The chapter one mainly introduces the definition and the different patterns of pure economic loss. Through the comparison research the author forms her own definition about pure economic loss.The chapter two deliberates the pure economic loss of oil pollution damage. This part focus on the International and domestic relative laws and conventions. From the aspect of International law the author pay a lot of attention to relative law about pure economic loss of the CLC and FC. From the domestic aspect the OPA 1990 of USA is the most important statute law of pure economic loss.The chapter three analyses the claim practice of IOPC FUND. First, the author classifies the different type of oil pure economic loss. Second, specializing the different types of claims of IOPC FUND. Finally ,it comes to the conclusion that: IOPC FUND insists the " causality" of tort law as standard of compensation. The chapter four elaborates the pure economic loss from the aspect of thesis especially from perspective of "causality" .And further confirm the extent compensation of oil pure economic loss.The chapter five focus on the Chinese law about oil pure economic loss. The author explore the states of pure economic loss in Chinese law, and discriminate the familiar definitions. At the last part of the thesis the author probes constructionof Chinese oil pure economic loss compensation system.