| Over the last decades, legal scholars, practitioners, courts and national legislatures have felt themselves increasingly faced with the challenges posed by the phenomenon of pure economic loss. Today, "pure economic loss probably is one of the main problems in expanding tort law"~7. Whereas offering protection in extraordinary cases where it is most needed turns out to be quite difficult, in other countries, these concerns seem to be fully absent, and economic loss apparently is treated as any other loss. However, many countries and related conventions are inclined to give relevant compensations for pure economic losses.Theories and practices about pure economic losses caused by ship-related oil pollution are in the front of all other works about pure economic losses, because of the results of tens of millions damage, severe pollution consequences, large pollution area, difficult and long-period needed treatments and high compensation requirements it could lead to. Today the compensation work of pure economic losses caused by oil pollution are mainly carried out on the basis of two conventions by CMI, "International Convention On Civil Liability, 1969(short form, CLC 19690 and "International Convention On The Establishment Of International Fund For Compensation For Oil Pollution Damage For Oil Pollution Damage"(short form Convention Fund, or Convention Fund 1971).As to China, our economy grows at a high speed since the reform and opening, international trading develops fast too and all these bring lots of opportunities for both domestic and overseas shipping industries. Almost 90% of the importing and exporting goods are transported by sea, especially the import and export of oil. The domestic water transportation volume in 2004 is up to 1.794 billion tons, in 2005 is 2.1 billion, and in 2006 it's 2.487 billion. Cargo and containers throughput of ports of China has been No. 1 for years. Since 1993, oil importing has been increasing. In 2004, imported crude oil by sea is 110 million tons, 127 million tons in 2005. With the increasing oil consuming needs, oil transportation by sea increases accordingly. We have a big oil shipping team, but more and more overseas oil tankers get involved, making the already busy water transportation more complicated and brings higher potentiality of big oil-pollution accidents. Furthermore, there are still certain amounts of single-pull and poor-quality tankers with low technology conditions, poor shipmen, communication & navigation ability and etc., which might easily results in oil pollutions. Therefore, compensation system on oil pollutions must be established as soon as possible so that pure economic losses and other kind losses brought by oil pollutions could be treated timely and properly. Our country joined in CLC 1969 on Jan. 30,1980 and CLC 1992 in January of 1999. On this condition, oil pollutions in our country caused by overseas ships might be sued and compensated properly. But it's different to those caused by domestic ships, due to the lack of specific clear and definite law and other regulations of China.It's not the right time yet for us to join in the Fund Convention completely due to today's economic development condition. Thus, oil pollution damages will not be compensated by the Fund (HK excluded). Ship transportation of our country promises a bright future with the high economy developing speed. A perfect domestic compensation system on ship-related oil pollutions will be a must for the protection of sea environments and the benign development of our shipping industry and provide guarantees for the oil pollutions victims' interests. However, as a complex and huge system project it is, and moreover it's related to law, trading, insurance, financing, environment protection, the use of sea resources and many other industries, research work must be carried out from levels and prospects. And this work is also our responsibilities endowed by law and also an industry bringing benefits to the present and constituting a meritorious service for the future.In reference to much study fruit of many overseas and domestic scholars, teachers, and other friends, on the basis of many conventions and overseas and domestic laws' studies, I finished this essay in comparative approach, induction approach and deductive approach. Beginning from the most basic work of defining what "pure economic loss" is, I discussed the characters and categories of pure economic loss, analyzed the status quo of the theories and practices development of pure economic loss compensation. An this essay mainly follows two lines, that is, regulations of both international conventions and civil laws on pure economic loss compensations. On the basis of compensation practices of both international conventions and different civil laws of different law systems, I analyzed the juristic status of pure economic loss compensations, especially those caused by ship-related oil pollution. Finally this essay goes to the construction of related law & regulations of China and I offered my opinions. |
PDF Full Text Request