For Oil Pollution Damage Compensation Range

An accident of oil pollution from ships likely causes serious damages. Disputes exist as regards the scope of compensation for oil pollution damage from ships. This paper starts with analysis of the non-uniformity of the statutory provisions and judicial practice in China, and discusses the scope of compensation for oil pollution damage from ships in detail. Improvement of China's relevant laws and judicial practice in this regard should be based upon the general principles of tort liability, make reference to international conventions, advanced legislations in other countries and IOPC FUND, as well as take into full consideration of the features of compensation for oil pollution damage from ships.Three controversial issues existing in the scope of compensation for oil pollution damage from ships are addressed in this paper as follows:This paper discusses the legal nature of compulsory oil clean-up cost, and proves that these costs shall be identified as of civil liability rather than administrative expenses. Through analysis of the judicial practice of IOPC FUND and taking consideration of the reality in China, the author enumerates the specific recoverable expenses of oil clean-up costs.On the basis of the concept of damage to marine resources, the wrong understanding about the concept is analyzed in the paper. The principle and means in determining the scope of compensation for such damage are introduced by taking reference to international conventions and laws in other countries.The paper examines the concept of pure economic loss in tort law, and discusses whether it should be compensated for. In the light of the "principle of proximate causation" in compensation for pure economic loss established by IOPC FUND and CMI, the attitude and the method to catalog pure economic loss are put forward.