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The Legal System Research As To The Compensation For Ship Oil Pollution Damage

Posted on:2013-01-16Degree:MasterType:Thesis
Country:ChinaCandidate:T T LiuFull Text:PDF
GTID:2256330422958035Subject:Environment and Resources Protection Law
Abstract/Summary:PDF Full Text Request
The world shipping industry’s rapid development has brought economic prosperity, italso brings marine vessels, oil pollution. China as a maritime country, naturally, faced withthe threat posed by the more for oil pollution damage. China’s marine ecological securitysituation is very grim, directly and indirectly involved in the impact on personal and propertysafety of the masses, this addition to strengthen prevention measures, should also strengthenthe protection of the interests of the victim to Ship Oil Pollution Damage. Unfortunately, ourcountry since the legislation on compensation for oil pollution damage is a matter of principle,no specific operating requirements, which is the main reason to cause the situation of China’sserious situation of Oil Pollution from Ships and damages are difficult to achieve. This articleby describing the international and foreign Ship Oil Pollution Damage Compensation LegalSystem-Scope, the scope of compensation, the system of compulsory insurance and fundsystem, the provisions of talk about how to improve the legal system for oil pollution damagecompensation.This project aims to put forward reasonable proposals for China’s marine oil spilldamage compensation system from a legal point of view, the topics include the following:Chapter I IntroductionIn this section introduces the research background, objectives, and methods.Chapter II An overview of the Marine Oil Pollution CompensationThis chapter describes the overview of the compensation for oil pollution damage. First, the conceptfor oil pollution damage, the nature and characteristics of, and its impact on the marine environment aredescribed; Secondly, attributable to the principle of compensation for oil pollution damage; Finally,introduce the relevant legal system of compensation for oil pollution damage at home and abroad, and themain mode of the compensation mechanism.Chapter III For oil pollution damage compensation law appliesThis chapter first briefly Ship Collision Damage caused by collision of oil pollutiondamage for the difference of the legal system to see the specific application of the Conventionin a country, and then from the relationship between international and domestic law.Chapter IV The scope of compensation for oil pollution damageThis chapter first describes the relevant provisions of international conventions anddomestic law, and introduced China’s relevant laws and regulations, the paper describedChina’s judicial practice. Chapter V For oil pollution damage compensation for the compulsory insurancesystemThe first part of this chapter will describe the origin, characteristics of ship oil pollutioninsurance and ship owners mutual insurance associations; The second section describes themandatory system of marine oil pollution insurance; Finally, to improve a few points of thecompulsory insurance system of China’s Oil Pollution from Ships.Chapter VI Ship Oil Pollution Compensation mandatory fund systemThis chapter introduces the concept of Ship Oil Pollution Fund, the characteristics of thereality of the need to ship oil pollution fund system and practice in foreign countries, to talkabout how China’s Oil Pollution from Ships compensation mandatory fund system.
Keywords/Search Tags:Marine oil pollution, damages, the application of law, compulsory insurancesystem, mandatory fund system
PDF Full Text Request
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