Study On The Legal Problems Of The Compensations For The Pollution Damage By Offshore Drilling Platforms

In the modern society,with the rapid economic development,the land-based oil exploration has gradually difficult to meet the demand of rapid development of economic development.The importance of marine resources will be highlighted. Undersea oil and gas exploration has become the main source of natural gas in oil in many countries.It also brings more risk of the oil pollution. Offshore oil drilling platform as an important tool of seabed resources exploration,which happened such accident as oil spilling in Bohai Bayn and so on. The offshore oil drilling platform’s damage is more than the vessel oil pollution.The relevant international and domestic legislation goes far beyond perfect. Although here are many legislations concerning vessel sourced oil pollution, the legislations of offshore drilling platform just take a minor part in comparison. As a result, it is necessary to analyze the issue of compensation for oil pollution caused by offshore drilling platform,and hope to provide some suggestions for the improvement of offshore oil drilling platform’s oil pollution damage compensation system.The first part is an overview of offshore drilling platform, analysis the concept and type, offshore oil drilling platform is a can be used for offshore structures drilling, offshore drilling platform refers to an offshore structure which can be used to drill for oil and it is essential to marine exploration and development.Distinguish the deep-sea oil drilling platforms and offshore oil drilling platform, choose the research object based on jurisdiction and our existing offshore oil development technology.Then it distincted offshore oil drilling platform in legal property. elaborated three legislation mode, As the ship in ship oil pollution damage law, regulations and as and ships of different concepts but also apply to ship oil pollution damage compensation, as well as their independence as a class attribute separately legislative regulation. The author puts forward his own opinion, and demonstrated it in aspects of use of objective, basic nature, industry, structure function from offshore oil drilling platform. And the concept and classification of oil pollution damage were summarized. In the second chapter, it makes some discussion on international legislation which relate to offshore drilling platform oil pollution’s damage compensation. Including the United Nation on the Law of the Sea, London Dumping Convention, International Convention n Oil Pollution Preparedness Response and Co-operation1990, International Convention on CivilLiability for Oil Pollution Damage, International Convention on Civil hability for Bunker011Pollution Damage and so on..And then to American as an example for the analysis of foreign law.The third chapter elaborates and analyzes on China’s offshore oil drilling platform damage compensation legislation.It also discusses the deficiencies from the principle of imputation, the responsible party, the scope of compensation and the limitation of liability.The fourth chapter puts forward countermeasures and suggestions of perfecting the legal compensation in China offshore oil drilling platform pollution damage. In this part, considering the specific condition in our country and learn from the legislative foundation of International Society for drilling platform on the legal problems of compensation for oil pollution damage, put forward some countermeasures and suggestions, including the application of the principle of strict liability, the expansion of the scope of compensation for oil pollution damage, the main oil rigs offshore and clearly related to the content, scope of compensation will be expanded offshore drilling platform of compensation for oil pollution damage and the party’s liability accident the limitation of liability for oil pollution damage, in order to dispersing the offshore drilling platform caused damages.The fifth chapter of the offshore oil rig oil spill damages socialization relief system were discussed. Damages based on the shortcomings of traditional methods, but need to build ancillary relief system socialization. Discusses the Oil Pollution Compensation Fund and compulsory liability insurance, the basic concepts are explained and the need to create, explore the related legislation and provides some recommendations for system improvement.