Marine Oil Pollution Prevention Law Studies In China

With the development of shipping industry and the expanding range of marineresources exploration, they do not only affect the marine environment and marineecological balance, but also do harm to the residents and related industries in coastalareas and even cause serious environmental disaster. These are the most powerfulannotations on the accidents, such as the drilling platforms’ oil spill in the Gulf ofMexico of U.S, the Bohai Sea oil spill in the Penglai19-3oil field and the ship oil spillcaused by ship collision at sea. People should improve the prevention and control legalsystem of international and domestic maritime oil spill and the comprehensive protectionagainst oil pollution accidents at sea and damage without delay.In the first part of the thesis, first of all, maritime oil pollution is defined clearly.The harms, characteristics and sources of marine oil pollution are given a comprehensiveanalysis.In the second part, the legal practice of the international community in combatingoil pollution at sea is summarized and analyzed in an all-round way, which includes theInternational Convention for the prevention and control of oil pollution at sea, a numberof special common adjustment regulations of the oil pollution at sea, emergency andcompensation for damages in the legal regulation system, as well as the legislation andlaw enforcement practice of both the United States and Canada.In the third part, the present situation and defect of China’s marine oil pollutionprevention law mechanism are analyzed in depth. The thesis puts forward and analysesChina’s existing laws and regulations which are too vague, lacking of operability. Thecorresponding law enforcement system lacks integrity and harmony and has not enoughenforcement. China’s proper mechanism of compensation for oil pollution damage hasnot been set up.In the fourth part, on the basis of the above research, the thesis puts forward thelegal system construction of China’s marine pollution prevention law system in view of both the legislation and the law enforcement, which include the establishment andimprovement of various systems, such as marine oil spill, platform oil spill, theecological compensation, the compulsory insurance system, fund system, theenvironmental public interest litigation system, the unified system of maritimeadministrative law enforcement and marine oil spill emergency response system.At the end of the thesis, the author puts forward the marine oil pollution preventionand control problem of international cooperation. China should further strengtheninternational cooperation, and continuously enhance the emergency response capabilitiesin order to effectively avoid or minimize marine pollution.