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Complete The Legislation System Of Marine Oil Pollution Prevention And Control In China

Posted on:2013-01-03Degree:MasterType:Thesis
Country:ChinaCandidate:B N HaoFull Text:PDF
GTID:2246330377459053Subject:Economic Law
Abstract/Summary:PDF Full Text Request
Oil pollution on the sea not only causes gigantic loss but also makes great damages to thebiology resources and the whole ecosystem on the sea.“Gulf Oil Mexico” and“Conocophillips events”, the article analyzed the formation and development of internationalpreventing and controlling legal system, and introduced three main models in the world:International conventions Model,National legislation Model,and combination model. Theauthor also discussed the trend of international related legislation, and pointed out theinternational legislation has paid much attention on decreasing oil pollution technically,enlarging the bound of legal application and compensation, promoting liability limitation andrestricting conditions of liability limitation, and so on. The article also introduced the detailsabout fund and related regulations and the rules in the USA、UK and Canada.And this, this article on the construction of the sea to China’s national conditions andmechanism for oil pollution damage law for the study, puts forward the prevention and controlof compensation for pollution damage in our country legal system should be in the strategy ofsustainable development as the goal, who adhere to the aim of legislation of who isresponsible for oil leakage, establish strict liability limit compulsory insurance responsibilitysystem owners share pollution damage and so on four big basic principle, in the legislationframework, want to notice to frame legislation and combining special legislation to preventsystem and compensation system combined with responsibility system and the fund systemcombined with the end of this article will damage compensation to confirm the range of oilpollution compulsory insurance liability set of legal application and compensation forpollution damage of fund specific set up, put forward the orientation opinion, expect to usethis to the legislative branch to related departments to provide certain reference governmentdecision-making, and more effective to protect the victims (countries) oil at sea the legitimateinterests and further effective protection of the Marine enviroment.
Keywords/Search Tags:oil pollution on the sea, legal prevention and controlling, fund of compensation, principle of cargo owners distribution
PDF Full Text Request
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