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

In recent years, with the continuous growth of the industrial demand of oil resources around the world, offshore oil transport become more frequent, which brings economic benefits to the countries, but also inevitably increases the risk of marine pollution at the same time.Oil spills from ships have often occurred, and the oil pollution damage caused by collision of ships is very common. But because of the laws and regulations in China is imperfect, making that the complex maritime tort cases have many problems in the marine trial. Therefore, the article will study on these aspects abuot oil pollution damage caused by collision of ships, such as,the application of law, the main body of responsibility and liability basis, the scope of compensation, the compensation for damage, and so on. Because there are many disputes in theory and practice, The article will put forward some views,and also offer proposals for the imperfect law. The first part, this part will clarify the application of the law and make sure the judicial trial has a clear legal basis. The second part, from the viewpoint of the main body of responsibility and liability basis, this part will first discuss the collision and oil respectively, and then discuss the main body of responsibility about the oil pollution damage caused by collision of ships.Based on different theoretical and practical points, the article will put forward propasals for confirming the main body of responsibility. The third part, this part will discusse the scope of compensation for collision and oil pollution.Because oil pollution always bring damage of marine environment, which involves complex compensation issues. So this part focuses on the compensation for oil pollution, and put forward some views based on the different disputes. The fourth part, this part will study on compensation for theoil pollution damage caused by collision of ships, the limitation of liability and recovery issues.The compensation for collision and oil has different limitation of liability, making that in a maritime case, the oil leak party can not get a full recovery under the influence of limitation of liability for maritime claims. So this part will continue to analyze the priority of limitation of liability for maritime claims, and understand the system of recovery. The whole article study on the above four interrelated parts and the various legal issues. And put forward some propasals to solve the problems, then hope to be helpful for the marine judicial practice.