Study On The Legal Problems Of The Compensation For The Oil Spill Damage By Drilling Platforms

Marine oil spill accidents are far more than just being caused by ship collisions. In effect, risks of oil exploitation (i.e. blowout, explosion, etc.) induced by drilling platforms are getting higher and higher in recent years. This kind of oil spill accident can lead to not only serious personal injury and property damage, but also to marine ecological damage which is difficult to restore and compensate. In the early years, some international conventions were set up mainly to prevent oil spill damage by ship collisions or tanker accidents, for example:1973International Convention for the Prevention of Pollution from Ships (MARPOL),1974International Convention for the Safety of Life at Sea (SOLAS),1976Convention on Limitation of Liability for Maritime Claims, etc. However, with the rapid development of economy, there is an increasing demand for marine oil resource, which has made the oil spill by drilling platforms become one of the high-incidence pollution. This situation urges international and domestic society to establish completed legal mechanisms to adjust the problems of prevention and compensation for oil spill damage by drilling platforms.This thesis mainly takes the compensation for oil spill accidents by drilling platforms as research object, and analysis legal problems about the legislation, liability-sharing, disputes settlement, etc. proposing constructive suggestions to build a reasonable legal mechanism of compensation for oil spill damage. The thesis is divided in four parts:Part I makes clear of the concept and classification of drilling platforms, based on the physical attribute and legal attribute, it reveals the difference between ships and drilling platforms. According to analyzing the international and domestic current situation of the oil spill by drilling platforms, it proposes the research object which is the legal problem of the compensation for oil spill damage by drilling platforms.Part II focuses on the legislative aspect of the compensation for the oil spill damage by drilling platforms. According to summarizing international conventions, it points out the drawbacks of the conventions regulating the compensation for the oil spill damage by drilling platforms, and respectively analysis the legislations of the United States, the European Union and China which regulate the compensation for the oil spill damage by drilling platforms. After making some comparisons, it finds out their advancements and existing problem.Part III discusses the liability problem of the compensation for the oil spill damage by drilling platforms. It makes a conclusion of different liability types, and makes clear of liability subject, and analyses the limitation of liability of the compensation for the oil spill damage by drilling platforms.Part IV focuses on discussing how to complete China’s legislation and dispute settlement regime of the compensation for the oil spill damage by drilling platforms. It analyses the existing problems of liability and legislation, on this basis, it proposes reasonable methods to deal with these problems, and emphasizes to establish the completed dispute settlement mechanism of the oil spill damage by drilling platforms, and encourages to develop public interest litigation system of marine environment.