Study On International Compensation Law Of Pullution Damage

With the growing prosperity of the shipping industry, marine pollution and damage suffered are becoming increasingly serious, which, by the ship's marine pollution caused by oil, has aroused great attention. With a series of major international oil pollution incidents, marine oil pollution damage compensation is subject to international conventions and domestic legislation attention. At present, the international community has formed a relatively complete system of the Convention on oil pollution damages. China is also actively create their own legal system of compensation for oil pollution damage the ship, in the process, drawing on advanced international experience in legislation is necessary. The "Convention on Civil Liability", "Fund Convention" and "fuel the Convention," a series based on the International Convention on the International Oil Pollution Compensation to establish the legal system should first be learned.This article is divided into six parts:The first part is an introduction, a brief introduction Compensation for Oil Pollution International Convention for the system, compared to China's national legislative situation, which leads to improvement of learning from international conventions and domestic legislation of the necessity and urgency. The second part of the International Oil Pollution Compensation brief and carding convention system, introduced the "Civil Liability Convention" and its Protocol, "Fund Convention" and its Protocols, "maritime transport hazardous substances Convention on Liability and Compensation for Damage" and "Fuel Convention," the generation and significance.The third part is the establishment of the International Convention on Oil Pollution Compensation interpretation of the legal system, from the scope of the main compensation, compensation scope, limitation of liability of the four aspects of the international system established by the Convention on Oil Pollution Damage in China. The fourth part is compensation for oil pollution damage application of the law, discusses the application of international conventions and the relevant domestic law to apply. Among them, there are foreign elements on the ship and no cases of compensation for oil pollution damage in cases involving foreign elements to distinguish the application of law.The fifth part is Compensation for Oil Pollution of China's legal system improvement should be made clear that the scope of the establishment of double compensation for the main body, defining the scope, determine the compensation limit in order to build and improve our legal system of compensation for oil pollution damage.Part sixth part is the conclusion that China should learn from international legal regime established by the Convention as soon as possible into line with international conventions, the development of compensation for oil pollution damage the ship specific legislation to build a ship of the legal system of compensation for oil pollution damage.