Research On Limitation Of Liability For Oil Pollution Caused By Offshore Drilling Platform

At present, the absence of international legal documents and domestic law regulations on oil pollution damage caused by drilling platform results in lacking of unified standards and requirements of oil pollution damage compensation. However the oil spill accidents are becoming more serious every day. In order to cope better with pollution damage caused by drilling platform, and provide protection of limitation of liability to those responsible, this article is divided into five parts to analyze and discuss the limitation of liability system of drilling rig oil pollution damage compensation.The first part is the overview of limitation of liability for oil pollution of offshore platform. This part analyzes the definition of drilling platform in international conventions and domestic laws, pointing out that the drilling platform is adjusted in present legal documents by being included in the ship’s definition or being separately defined.The second part is about the analysis of parties apply to limitation of liability for drilling platform. This part discusses the operators who are involved in offshore oil development activities, the contractors and the liability insurers who are in the legal status of applicable party, providing theoretical support for the right of limitation of liability.The third part discusses the calculation of liability limit for drilling platform. Firstly this part shows the applicable scope of the limitation of liability, after respectively discussing the limitation modes existing in current academic circles, puts forward that "limitation on distinct occasion" is the best limitation mode for drilling platform.The fourth part discusses the condition of losing liability of limitation right. After comparing the two standards of "privity or knowledge " and "willful misconduct", which are used to measure the loss of limitation of liability right, this part shows the rationality of giving firm right of limitation of liability to parties applicable to limitation of liability.The fifth part is the Suggestions to perfect the limitation of liability system for drilling platform in our country. Proceeding from the situation of our country, this part puts forward three suggestions from legislative perspective:applicable parties must be clear, setting reasonable limit of limitation of liability, giving firm right of limitation of liability to parties applicable to limitation of liability. In terms of supporting system, this part also suggests to establish the compulsory liability insurance system to support the oil pollution limitation of liability for drilling platform.