Study On Compensation Fund Of Oil Pollution Damage

The total oil importment has breakthroughed200million tons Since2007,and a rapid rise in growing trend is in the way. In2011, we take the second rowin oil consumption. The increase of oil imports, which is then resulting in therapid development of shipping industry and also making the pollution accidentsoccur frequently, results in an economic loss and environmental damage. But becontrary to various countries which join the The international oil pollution fundConvention or built their domestic oil pollution fund system，our country neitherjoined the international oil pollution fund Convention nor has established theexclusive oil pollution fund system. Because of the lack of the supportment offund system of the ship compensation for pollution damage，it is not enough tomake up for the loss of the victims only according to the “convention on civilliability”,. This article makes comprehensive analysis and discusses about thesuitable condition for developing fund system of the compensation for oilpollution damage and specific consumation through the analysis and research in international fund convention and domestic system of oil fund from the UnitedStates, Britain to other developed countries.Except the introduction and conclusion, the text is divided into four partswhich introduce the international fund conventions and the U.S.‘s and otherrelevant states’ oil fund system from international law to the domestic laws, thispart provides necessary references for the construction of fund system of thecompensation for oil pollution damage and finally puts forward the Suggestions.The first part is the " overview of fund system of the compensation for oilpollution damage ". This part first pinpoint related conceptions about fundsystem of the compensation for oil pollution damage which include shipping,pollution damage and compensation fund for pollution damage. Based onthis,the paper has discussed the necessity of the construction of fund of thecompensation for oil pollution damage, such as reducing pollution damage to theMarine environment, making up for the shipowners’ loss and complying to thesocialization trend in the compensation for damages.The second part is "the domestic and international regulations of fund system of the compensation for oil pollution damage ". First, this part introducedthe international fund convention on fund system of the compensation for oilpollution damage. Then it describes regulations of fund system of thecompensation for oil pollution damage of United States, Britain and otherdeveloped countries, hoping to find for contents in constructing fund system ofthe compensation for oil pollution damage. Finally it summarized relatedregulations of our country in fund system of the compensation for oil pollutiondamage. Through the comparison, practical significances and values arehighlighted in establishing fund system of the compensation for oil pollutiondamage.The third part is " the model and applied conditions of fund of thecompensation for oil pollution damage". In this part,the author illustrates thethree models of fund of the compensation for oil pollution damage whichinclude fund convention compensation mode, domestic fund compensationmode and double funds compensation mode. And then the applicability of thethree models is analyzed and discussed. Combining with the actual conditions of our country at present, we concluded that in China it is not suitable for the fundconvention compensation mode, but is more suitable to apply domestic fundcompensation model and set up their own ship pollution fund.The fourth part is "the consummation of fund system of the compensationfor oil pollution damage ". This part is the main content of this paper, at thesame time is also the difficult point. First, it analyses the model selection andcorresponding application conditions. Through analysis of applicablecondition in the third part, we know that we should adopt domestic fundcompensation model. So this part discuss specific applicable conditions onadopting domestic compensation fund mode. Based on this, it proposes specificsuggestions in building the fund system of the ship compensation for pollutiondamage. The suggestions’ scope include oil funds, compensation scope,compensation restrictions, and supervision and management of the fund.