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The Study On The Scope Of Ship Oil Pollution Damage

Posted on:2015-02-13Degree:MasterType:Thesis
Country:ChinaCandidate:M LvFull Text:PDF
GTID:2296330431984071Subject:Law
Abstract/Summary:PDF Full Text Request
In recent years, China’s offshore oil transport presents the trendof rapid growth, along with the oil spill continue to increase, oilpollution damage caused by widening, thereby speeding up the formation anddevelopment of China’s Ship Oil Pollution Damage Compensation legalsystem. The scope of compensation for oil pollution damage as a theoryof community and judicial practice department of the hot issues of commonconcern.In recent years, ship oil pollution incidents occur frequentlyin our waters to cause serious property damage and environmental damage,due to the specific scope of compensation for oil pollution damage is notvery clear, bring a great deal of trouble to practice. Starts withinternational current system and domestic system for oil pollution damages;then give analysis of the scope of oil pollution compensation under theinternational level,America and domestic law, divide the oil pollutioncompensation ranges into clean-up costs, property damage, consequentialloss, pure economic loss and environment loss,try to discuss in depthspecific compensation for oil pollution clean-up costs, pure economic lossand environment loss.When goes to clean-up costs,give analysis of cost of preventivemeasures and further loss or damage caused by preventive measures,thelegal characteristics of compulsory cleaning behavior and introduce typesof clean-up costs.In pure economic loss arising from the oil part of theship, expressed concept of pure economic loss in plain; analyze ofwhether there should be compensation for pure economic loss; analysis thetypes of pure economic loss; finally discuss the criteria for pure economicloss claims, Give the meaning of environment loss; analyze standards ofthe costs for restoration measures taken for the establishment and how to determine the reasonableness of restoration measures and analyzeirretrievable environmental damage and exorbitant restoration costsshould be discount.Clear compensation for oil pollution damage scope would be useful tothe practice of making a claim, And also be useful to the future of ourcountry in oil pollution damages legislation.
Keywords/Search Tags:scope of compensation, clean-up costs, pure economicloss, environment loss
PDF Full Text Request
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