Study On The System Of Compensation For Oil Pollution Damage Caused By Collision Between Ships

In the course of transportation, collision between ships have occurred from time to time,extremely easy to cause pollution damage，cause serious pollution of the marine environmentand the serious influence the development of other related industries. In the relevantinternational conventions and national laws, the collision between ships compensation andthe oil pollution damage compensation are clearly defined. However, the oil pollution damagecompensation caused by collision between ships has been controversial. How to deal withthis problem when the two independent tort laws are intertwined is still a problem inmaritime law.This paper will analyze the legal relationship of oil pollution damage caused by collisionbetween ships by using the legal relationship analysis method. Using the causal relationshiptheory to analyze whether there is a causal relationship between the collision between shipsand oil pollution damage. Using the common tort theory to analyze whether constituteinfringement between oil and non-oil party. To determine the compensation liability subjectaccording to the different division of responsibilities. And in what circumstances the liabilitysubject can be applied to the system of limitation of liability. Finally, from the perspective ofprotecting the victims of pollution, put forward the suggestions that how to improve thesystem of compensation for oil pollution damage caused by collision between ships in China.This paper has six chapters, the first chapter is introduction, introduces the researchbackground, purpose, meaning and the legislative situation at home and abroad of the systemof compensation for oil pollution damage caused by collision between ships. The secondchapter is the basis theory of oil pollution from ships and collision between ships. Describethe meaning of oil, the compensation scope of oil pollution damage from ships and theconcept, classification and composition of collision between ships. Analyze the particularityof the system of compensation for oil pollution damage caused by collision between ships.The third chapter is the relationship between the collision between ships and oil pollutiondamage. Mainly discuss that whether there is a causal relationship between the collisionbetween ships and oil pollution damage and whether constitute infringement between oil andnon-oil party in order to provide theoretical basis for the determination of the mainresponsibility. The fourth chapter is the main responsibility of compensation for oil pollution damage caused by collision between ships. According to the different imputation principles toanalyze the main responsibility of compensation for collision between ships damages and themain responsibility of compensation for oil pollution damage from ships. The fifth chapter isthe system of limitation of liability for oil pollution damage caused by collision betweenships. By analyzing the evolution, concept, nature, conditions and related legislation of thelimitation of maritime claims. To make clear the application scope of the system of limitationof liability in the case of oil pollution damage caused by collision between ships. The sixthchapter is how to perfect the system of compensation for oil pollution damage caused bycollision between ships. Combined with the existing legal system of our country and theproblems in the judicial practice, put forward the ways to perfect the system.