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Study On The Legal System Of Compulsory Liability Insurance In Pollution From Ship

Posted on:2012-01-08Degree:MasterType:Thesis
Country:ChinaCandidate:J Z YuanFull Text:PDF
GTID:2216330368483026Subject:Economic Law
Abstract/Summary:PDF Full Text Request
At sea transportation is more and more paid great attention in China today. Marine pollution risk the possibility of accident happening also in growing larger. Meanwhile, ship is heading for a large-scale, once produce a maritime accident, the consequence is unimaginable. Maritime cargo transportation become diversified, especially oil, poisonous or harmful substances transport, accident for the Marine environment, whether for a third party, or the damage is very great. In recent years, our country's high-profile resulting from development, large ships increases in China, also make for oil, chemical substances such as increasing demand in China, therefore, the possibility of ship pollution accidents occur more big.Shipping pollution accident happens, the most important and also the most difficult to solve is compensation. Huge deductible, not only makes the victim is hard to get timely and effective compensation, also tend to make owner for compensation and bankruptcy, go bankrupt. But, Marine pollution forced liability insurance appearance, solve the problem well. On the one hand, the responsibility of liability got dispersed, bankruptcy or closure risks greatly reduced, and to ensure the survival and development of responsibility; On the other hand, also make the victim had been effectively compensate for losses, protect the victim's interests.At present, international community has established a suit of integral and practical legal system of civil liability for pollution from ships, which bases on "Convention on Civil Liability for Oil Pollution Damage,1969", "International Convention on Liability And Compensation for Damage in Connection with the Carriage of Hazardous And Noxious Substances By Sea,1996", "International Convention on Civil Liability for Bunker Oil Pollution Damage,2001" and their protocols. And our country related domestic legislation are rare, there are still many defects and loopholes, perfect shipping pollution forced liability insurance system is yet to be established. China's current situation of our country, perfecting the pollution from ships forced liability insurance system is very important.This paper compulsory insurance of liability of pollution from ships discussed the basic theory, international shipping pollution to the development of compulsory liability insurance is analyzed, mainly includes three important international convention to Britain, the United States and the European Union countries, the relevant legislation is studied. On this basis, the pollution from ships in China compulsory liability insurance system, the developing situation of the comparative analysis, out our in institutions and legal inadequacy, and discusses will ship pollution forced liability insurance system into China's feasibility. Through these studies, the author puts forward the compulsory insurance of liability of pollution from ships, some Suggestions of the system, hope to our country compulsory insurance of liability of pollution from ships, and perfect the system of the contribution in a modest power.
Keywords/Search Tags:Pollution from ships, Compulsory liability insurance, Oil pollution, Bunker oil pollution, Hazardous and noxious substances pollution
PDF Full Text Request
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