Studies On Compensation And Remedy Of The Environmental Tort At The Sea

This paper starts with the theory of the right to environment, which should be considered as a basic human rights, and make it clear that the right to the environment is very important for the protection of the environment, especially at the sea. This research then focuses on the regime of the environmental tort liability at the sea and introduces theories regarding the compensation and remedy to the damage caused by the environmental tort at the sea. This paper integrates theory with practice and focuses on the practice of compensation of the environmental tort at the sea in China. Suggestions for the establishment of the legal system on this field is also provided.This paper is structured in five chapters. Chapter Ⅰ introduces the theory of the environmental rights, focuses then on the content of the right to the environment, and the specialty of the environmental tort at the sea.Chapter Ⅱ analyzes the regime of environment tort civil liability, which is separated into the structure of the liability, the rules to for the liability, the subject of the liability, and the situation in which people are not blamed.Chapter Ⅲ discusses the compensation and remedy for the environmental tort damage, especially focuses on the social remedy due to the huge compensation caused by the environmental tort.Chapter Ⅳ discusses the practices of compensation and remedy for the environmental tort at the sea in China. This chapter analyzes the cases and shows the faultiness of the China’s legal system on the environmental tort at the sea. At last, suggestions for the establishment of the China’s legal system and regime on the environmental tort at the sea are provided.Chapter Ⅴ comes to an end of the paper.