Study On Limitation Of Liability For Oil Pollution On Offshore Oil Drilling Platform

Oil drilling originated from the land, and later with the needs of the human resources exploration and development towards the ocean. Offshore oil drilling platform it is against this background, for the purpose of drilling for oil in offshore installations. Because of its history through a variety of similar to ships or artificial islands, such as the form of fixed, when faced by international legal problems caused by offshore oil drilling platforms, on the premise there is no one accepted international conventions by reference to similar conventions existing processes, including the regulation of liability for oil pollution damage 1969 International Convention on civil liability for oil pollution damage. But due to offshore oil drilling platform itself in physical attributes and legal properties with any significant difference between copy applies the rule of law is not sufficient to deal with offshore oil drilling platform of increasingly complex legal problems that occur, so that first it is necessary to clearly distinguish between the legal nature of offshore oil drilling platform itself. Clear offshore oil drilling platform and the legal nature of this problem is not to ask questions, but to answer the offshore oil drilling platforms for oil pollution damage compensation rules should be applied after the accident.This paper consists of three parts.The legal nature of the first offshore oil drilling platform, the section is divided into two parts, one is the legal property of the existing offshore oil drilling platform, the other is the legal characteristics of the offshore oil drilling platforms. Legal attributes of existing offshore oil drilling platforms, introduces mobile offshore drilling platforms ship said, stationary artificial islands offshore oil drilling platforms that inshore and offshore oil drilling platform facilities said three theories. This three species theory in the, to ship said spread most wide, supporters up; artificial island said for fixed type drilling platform of some characteristics also has reflected so get has some scholars of identity; near bank facilities said and above views of different of at is its does not to drilling platform of mobile capacity as distinguish of basis points, II is based Yu drilling platform unique of function for beginning, so also get has part scholars of identity. Based on the above analysis and comparison of three main perspectives, in the second section, the author, taking into account the unique characteristics of the offshore oil drilling platforms, mobility, physical infrastructure, marine risks and legal status and so on many aspects, summarized the unique characteristics of offshore oil drilling platforms, offshore oil drilling platforms below applicable limits of liability for oil pollution damage is established.Second part of the offshore oil drilling platforms to apply limitation of liability regime for oil pollution damage, this section is the core of the paper, since there are more content, so it is also into the second and third chapter. Chapter of legislation on compensation for oil pollution damage of offshore oil drilling platform, the third chapter is the offshore oil drilling platforms for legal analysis of the limits of liability for oil pollution damage. The former describes the existing legislation, which is about some legislative developments in legal analysis. In section I of chapter II, the author introduces the domestic legislation of the offshore oil drilling platforms, the author selects relates to marine oil pollution damage law and laws involving the offshore oil drilling platforms, integrated adopted the analysis of the general laws and special laws on environmental protection. But domestic offshore oil drilling platforms for oil pollution damage compensation system has no explicit legal provisions, can be a point of reference for ships oil pollution damage-related legislation. Domestic legislation for offshore oil drilling platforms are blank, introduced China’s accession to the International Convention of this section. However, China’s accession to the International Convention on the offshore oil drilling platforms rarely involved, for the reference in section III a international and foreign compensation for oil pollution damage to offshore oil drilling platform has more specific provisions of conventions and laws. In third chapter in the, in understand has domestic of legislation status and international Shang existing Sea oil drilling platform oil damage compensation responsibility limit of Convention and legal Hou, application pollution event interests related who of analysis method and combined oil responsibility limit produced of legal, from multiple angle described has Sea oil drilling platform applies oil damage compensation responsibility limit of reason, analysis has Sea oil exploration mining practitioners risk and interests of not balanced, and applies responsibility limit system for reduced accident rate, and stable national economic, and Urged Government about sector perform duties and guarantees victims timely get compensation, interests, aspects of role, and combined above sea oil drilling platform itself characteristics and legislation dynamic, and compared analysis has 2010 United States Mexico Bay leak oil event and the 2011 China Bohai Bay leak oil event of progress processing situation, proposed should combined Sea oil drilling platform itself characteristics integrated consider its where of social relations and on related interest who of effect, set oil responsibility limit system.Part III construction of promoting and supporting the establishment of the relief system. This section is divided into two parts, the first part of new environmental protection law of the right system. The revised system is a new environmental law an important progress in the process of China’s environmental protection, this system has an important impact for timeliness in damages, and limitation of liability and compensation for oil pollution damage on strict conditions has the same great. For example can refer to United States oil pollution Act apply to lost in terms of limitation of liability, and public information as a prerequisite for application of limitation of liability, and urge the responsible parties in the interests of timeliness strong on security-related aspects. This not only ensures the public’s right to be realized, but also speed up and facilitate the process of dealing with the accident. Second part is the funding of relief system. Main reference source of relief system of the ship, namely, compulsory insurance and Fund for oil pollution damage, in practice, due to the limitation of liability or part caused the victim could not be fully compensated by the results, it is necessary to establish a relatively perfect system of relief and loss compensation interests of victims from other areas. Compulsory liability insurance and the Fund would guarantee not only the victims of oil pollution damage as soon as eligible to receive compensation, in order to avoid aggravation of the damage, but also to urge the responsible parties to do due diligence in advance security management, increase employment opportunities, form a system of efficient and conducive to the development of society.