On The Legislation Of The Marine Oil Pollution Damage Compensation

When a large number of oil began to be transported by sea to different countriesin the early 20th century, the damage caused by oil pollution in this process isconstantly increasing and thus to solve the problem of compensation for damage hasreached a critical moment. However, due to the lack of Marine Oil PollutionCompensation laws in practice, the oil pollution victims can not receive the duecompensation. Therefore, the marine oil pollution damage compensation mechanismought to be established without delay and this is the only way to improve the ability ofChina’s anti-oil spill and also to solve the various problems arising in the Oil PollutionCompensation.This paper starts from analyzing the realization of compensation for damagebased on the foreign legislative experience and domestic situation. Through analysis,the body parts explore the problem of oil pollution damage in China and also thescientific suggestions on the legislation of China’s marine oil pollution damages suchas the establishment of special laws, Oil pollution fund and Compulsory liabilityinsurance.The first part is an introduction to the basic theory of marine oil pollutiondamages. By introducing the marine oil pollution damage and analyzing the impact ofthe severity on the world economy, this part elaborates the necessity of perfecting thelegislation of China’s marine oil pollution damage compensation.The second part is the detailed study of the legal system of international marineoil pollution damage compensation. This part first analyzes the existing marine oilpollution damage compensation mechanism with "Liability Convention and FundConvention" as the main framework of. Then it proceeds to evaluate the successfulexperience from learning from the concerned mode in the United States, Canada andother countries on marine oil pollution damage compensation mechanism. Lastly, the part states the current situation of legislation and potential problems in terms of themarine oil pollution damage compensation in China.The third part expounded the strategic suggestions for the establishment ofChina’s marine oil pollution damage compensation mechanism. On the basis oftheoretical analysis and practical inspection , this part puts forward the proposals onlegislation and regulations in three aspects as establishment of special laws, Oilpollution fund and Compulsory liability insurance in order to imperfect the China’smarine oil pollution damage compensation system, and make it transparent ,socialized and timely.