Study On The Regulation By Law For The Ecological Damage Caused By Oil Spill

The large demand for oil of states promotes the development of the petroleumindustry related to the sea. But the ecological damage caused by marine oil spillbecomes increasingly serious. Marine oil spill not only damages the value of marineresources, but also damage the value of marine ecosystem services, even hard torestore. When responded to oil spills at sea before, remedy is the most point. However,justice claims bears the limitations which are difficult to overcome. The current legalsystem all over the world could not fully remedy the ecological damage caused bymarine oil spill. The traditional train of thought is not the way to solve the problemsof marine ecological damages. Thus, we should turn to prevention as the main point toresolve the issue of the marine environmental damage. Only to put the interests of themarine ecosystem in the protection of legal system, to make the marine activitiesunder the control of law, can we prevent and control the ecological damage caused bymarine oil spill successfully.The Integrated Ecosystem Management (IEM) brings a new idea for solving thesaid problems. The writer makes the integrated ecosystem management as thelegislative ideas, the prevention and cautious action as the legislative principles, toconstruct the legal system to prevent, control and remedy the ecological damagecaused by marine oil spill.There are seven parts of the whole paper. The first part is to introduce theecological damage and the definition of it and ecological damage caused by oil spills.The characteristics of ecological damage caused by oil spills are analyzed in the partas well.The second part is to introduce the claim practice of the ecological damages andanalyze the straits of the remedies by jurisdiction.The third part is to analyze the straits of the current legal system not only inchina but also other countries and the international conventions. The forth part of the paper is to put forward the idea that the train of thought tosolve the problems of ecological damages of oil spills need to be changed. And theconcept of Integrated Ecosystem Management (IEM) gives a new idea. This conceptcommands four important parts for the changes of current legal system.The last part of the paper is to give the writer’s own advice for the changes of thelegal system commanded by the Integrated Ecosystem Management (IEM) to takeChinese legal system as an example.