International Compensation Liability For Trans-boundary Damage Of Offshore Oil Exploration

With the further fast process of world industrialization, the extent that the demand for resources grow greater and greater, especially petroleum, because of the great demand of petroleum, people develop it from land to sea, and then from offshore to deep-sea. According to statistics, ocean hold more than 70% of oil and gas resources all over the world, and deep-sea oil and gas resources make up over half the total resources, so it plays a great significant part in countries’ energy policies that using and developing the ocean petroleum. Faced by the frequent petroleum exploitation, the huge exploitation area, the pollution from oil are also increased. Due to the higher liquidity, with the ocean current, the pollution will affect all over the world and destroy other’s ocean environment. In this way, the principles of international law "Develop domestic resources and do not destroy other countries " will be damaged, and result in some relevant responsibility of international compensation. About the responsibility of international compensation that the trans-boundary pollution of petroleum exploitation, there is not a unified law to limit during the international community. However the United Nations Convention on the Law of the Sea and the Draft about the International Responsibility of the Damages Caused by the Conducts not Forbidden in the International Law have display the main opinion that the responsibility of international compensation. Although these standards have relatively principles, their system design and regular arrangement still meaningful for the responsibility of international compensation that the trans-boundary pollution of petroleum exploitation.In these years, petroleum pollution accidents are constantly emerging during the period that people exploit the ocean petroleum resources, for example the Deepwater Horizon oil spill in 2010 in the Gulf of Mexico and the oil leakage accident in Penglai 19-3 oilfield in Bohai Sea, these accidents sounded a warning about ocean environmental protection against human and international society and forced international society to build a unified law about the international compensation that trans-boundary pollution of petroleum exploitation quickly. To achieve the ocean environmental protection in the polluted area and making sufferer and affected states have a standard legal to ask for international compensation from the oil exploitation projects and the country which it belongs.In order to protect ocean environment and make up the absence of international law that the international compensation of trans-boundary pollution, this article is based on the present situation that the ocean petroleum pollution, beginning with the feature and property that the responsibility of international compensation, analyze the basic of establish the responsibility of international compensation. At the same time, a system that the international compensation of trans-boundary pollution all over the world should be established, and the ocean environment and sufferer and affected states should be protected. The article should be dividing into four parts:Part one:Discussion the basic concept that the responsibility of ocean petroleum exploitation trans-boundary pollution’s international compensation and traditional countries’responsibility and the responsibility of the damages caused by the conducts not forbidden in the international law should be distinguished. Meanwhile according to the characteristic of ocean petroleum exploitation, trans-boundary pollution of petroleum exploitation belongs to the responsibility of the damages caused by the conducts not forbidden in the international law.Part two:The article introduced the absence of international law that the trans-boundary pollution of petroleum exploitation at present and creation the basic of the international law that the international compensation of petroleum exploitation trans-boundary pollution.Part three:Introduction the concrete content that the responsibility of international compensation about petroleum exploitation trans-boundary pollution, include the form of responsibility, the principle of responsibility, the reason of exemption and the responsibility of additional compensation that the country which the exploitation projects belongs should afford.Part four:Introduction the affect for our country after creation the petroleum exploitation trans-boundary pollution international compensation system. In order to perfect the domestic law and the full compensation for sufferer, it is necessary to gear to international standards and create the oil pollution compensation by ourselves. To avoid the oceans polluted by oil, it should pay more attention to the system of environmental impact assessment. Furthermore the administration and punishment for ocean petroleum exploitation should be increased, and then, the exploitation projects will enhance their knowledge and ability about environmental protection.