The Study Of The Legal Liability Of The Non-leaking Vessel In The Oil Pollution Incident Caused By Ship Collision

In marine transportation practice,the oil pollution damage caused by the ship collision occurred from time to time. In such incidents, it is often the case that both the oil leaking vessel and the vessel without oil leakage coexist. However, whether the vessel without oil leakage should undertake the liability is always the issue concerned by the theory circle and the judicial circle. Though the Rules of the Supreme People’s Court on the Handling of Cases Concerning Ship Oil Pollution Damage (hereafter refer to as the "Rules") came into force on 1 July 2011 could be used as the basis to adjudicate the cases concerning ship oil pollution damage, the Rules did not specify the liability of the vessel without oil leakage. Therefore, the issue regarding the liability of the vessel without oil leakage still exists.This article utilizes the method of analyzing the legal relationship to analyze the legal relationship in the oil pollution damage caused by ship collision and the application of law of the vessel without oil leakage upon discussing the characteristics of the civil liability of the ship oil pollution damage. Moreover, in order to protect the interests of the victims, by comparing with the different remedies available to them, this article reaches the conclusion that the oil leaking vessel shall undertake the liability for oil pollution damage and the vessel without oil leakage is not the body shall be liable for the ship oil pollution damage.This article has five chapters. Chapter one is the summary of the oil polluti on damage caused by ship collision, introducing the civil liability regime of ship oil pollution damage and the legal relationship in these incidents. Chapter two i s about who shall be liable for the oil pollution damage caused by ship collision, analyzing the relevant responsible parties in the incidents, introducing the typica 1 viewpoints in respect of the liability of the vessel without oil leakage, as well as discussing whether the vessel without oil leakage shall be liable for the ship oil pollution damage. Chapter three is about the approaches of the remedies take n by the victims in the oil pollution incidents caused by ship collision, by comp aring the different remedies adopted by the victims in judicial practice to providi ng the practical basis for the conclusion. The Chapter four is about the legal bas is for the liability of the vessel without oil leakage in the oil pollution incidents, analyzing the international conventions and domestic laws applicable to the liabi lity of the vessel without oil leakage and finding the issues regarding the liabilit y of the vessel without oil leakage existed in the provisions of the Chinese law prevailing at present time.Chapter five is about the issues existing in the provisio nsof Chinese Law regarding the liability of non-leaking vessel and the legal recommend ations.