Study On System Of Compensation For Oil Pollution Damage Caused Offshore Oil Development

With the increase of offshore oil exploitation activities, marine oil spill accidents havebeen gradually triggered, which causes enormous damage to the marine ecology and marineeconomy, such as damage or threats to marine creatures, fisheries, marine aquaculture,tourism, shipping and so on. The oil spill accident caused by the Gulf of Mexico drillingexplosion in2010has attracted worldwide attentions, and in the deal with the accident, itreflects the United States legal system’s perfect and mature, which also exposed a number ofproblems. In comparison, the response to the oil spill incident of Penglai oilfield in the BohaiGulf in2011revealed the lack of relevant legal system. These two oil spill accidents havecaused the concern of our legislation and academia, and scholars have hold discussions on themarine oil pollution damage caused by oil development from different angles. This papermakes a research on some legal issues related the compensation for oil pollution damage fromoffshore oil development, and try to put forward some proposals to resolve them.This paper is divided into five chapters. Chapter one defines the concept of oil pollutiondamage from offshore oil development in theory, summarizes the reasons, and introduces thepresent situation of oil pollution from offshore oil development. Chapter two, first combs theinternational and domestic legislative practice of the liability subject of oil pollution damage,does a study on the liability subject of oil pollution damage compensation from offshore oildevelopment denied by judicial practice, analyses the subject of oil pollution damagecompensation from offshore oil development in details, and finally discusses the final liabilitysubject of oil pollution damage in theory and law. Chapter three is about the United StatesOPA90regulations on oil pollution damage compensation range in detail, and analyses thedefects of that in China, especially with regard to the deficiencies of marine ecologicaldamage claims, and focus on pure economic loss and ecological damage caused by marine oilpollution and propose how to perfect scope of compensation for oil pollution damage in china.Chapter four elaborates the limitation of oil pollution liability in maritime law, as well ascurrent legislation on limitation of liability for oil pollution damage from offshore oildevelopment, and point out the necessity of applying liability limitation and the applicablemethod of liability limitation for further research. In the last part, mainly discuss the fundsystem and the compulsory liability insurance system which belong to oil pollution damage compensation from offshore oil development.