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Study On China’s Compensation Fund System Of Oil Pollution Damage From Ships

Posted on:2013-07-08Degree:MasterType:Thesis
Country:ChinaCandidate:Y CaoFull Text:PDF
GTID:2246330371493840Subject:International Law
Abstract/Summary:PDF Full Text Request
The development of China’s economy is remarkable, which increases the needs andconsumption more and more. At present, china has become the world’s largest oil importerand consumer country. The large number of oil is transported by ships. At the same time,ship collision or stranding due to oil pollution incidents frequently in the navigable waters.In the context of the mainland of china, neither a number of any fund convention, there isno specialized oil pollution damage compensation legislation. In the event of marine oilpollution incidents, the claims of the oil spill victims will be difficult to meeting theirbenefits. This paper aims to analyze the establishment of the system of marine oil pollutioncompensation fund. In the line with Chinese national conditions and learn from thelegislative model of the major international fund, in order to better improve our system. Inaddition to the preamble and balances, the main section includes four chapters.Chapter Ⅰ: An overview of oil pollution damage compensation system from ships. Ageneral introduction about the system of the international oil pollution from shipsconvention, oil pollution compensation fund, its associated regime, and the status of oilpollution damage compensation system in our country.Chapter Ⅱ: The practical conditions for establishing marine oil pollutioncompensation fund in our country. A detailed analysis of the cause of our country at thisstage is not suitable for the “Fund Convention”. I will demonstrate the urgentestablishment of a domestic and the necessity and feasibility of the oil pollution fund.Chapter Ⅲ:The interpretation and evaluation of how to levy and manage the oilpollution compensation fund, which involves the nature of Chinese oil pollutioncompensation fund, the applicable oil and the type of ship, the scope of compensation, theorder of the compensation, the limitation of claim, the compensation limit, and therecommended angle of the improvement of the management approach.Chapter Ⅳ:The major mode of international oil pollution damage compensationmode gave us some enlightenment for our country. This chapter will leads to thedevelopment direction of Chinese marine oil pollution compensation fund and the modesection, and I will bring up an assumption that we can establish a “Double fund” mode inour country.
Keywords/Search Tags:oil pollution from ships, the compensation of damages, fund
PDF Full Text Request
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