Font Size: a A A

Research On The Compensation For Oil Pollution Damage Under Oil Pollution Act1990

Posted on:2015-02-06Degree:MasterType:Thesis
Country:ChinaCandidate:X D MaFull Text:PDF
GTID:2266330425495502Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Offshore oil exploration and exploitation is a high-risk activity, once oil spillage accident occurs, it will bring the huge disaster to the Marine environment and the human society. the Gulf of Mexico oil spill accident Shocked the whole world, it is the worst oil spill in American history. Processing for oil spill accidents of offshore drilling platform in the United States is getting mature day by day, the legal system of maritime tort is further improved.OPA90is the core of all the laws on the legal Problems of the compensations for the Pollution damage. the relevant legislation on the oil pollution damage by offshore drilling platforms goes far beyond perfect. This article set out from the gulf of Mexico oil spill accident, analysis the relevant legal issues on Oil Pollution Damage caused by offshore drilling platform, in order to play a valuable role in the future research on these legal issues and relative legislative work.Besides preface and conclusion, this dissertation is divided into4chapters as following:Chapter1describes the liability principle and the determination of the subject of liability on the oil pollution damage by offshore drilling platforms in OPA90,in order to affirming the relevant subject of liability in the gulf of Mexico oil spill accident.Chapter2discuss the limitation of drilling platform oil pollution damage liability in OPA90. Drilling platforms shall be entitled to the limitation of liability for oil pollution under OPA90, but it must meet certain conditions. According to OPA90, gross negligence will result in a loss of limit of liability.In gulf of Mexico oil spill accident, the relevant subject of liability existences gross negligence, so they all lose their rights to enjoy limitation of liability.Chapter3discuss the scope of compensation in OPA90.the scope of compensation in OPA90is very wide including removal cost、oil pollution damage compensation、etc.Chapter4discuss the enlightenment to our country, combs the existing legislation of marine oil pollution compensation, and points out shortcomings of present legislation. In the current situation, our country should construct the uniform legislation of marine oil pollution. In the end put forward suggestion for specific systems.
Keywords/Search Tags:OPA90, the Gulf of Mexico oil spill accident, Uniform Legislation
PDF Full Text Request
Related items