On The Sstem Of Limitation Of Liabilitfor Oil Potfution Damage

With the development and use of offshore petroleum resources has become animportant selection of the world economy, the pollution of the marine environmentcaused in the process of oil transport has attracted wide attention from theinternational community. However, how to relief the possibility for offshore oildevelopment in the enormous environmental pollution has not reached a consensusto international community. In practice, the oil pollution of the marine environmentin general damages would involve limitation of liability issues. This is becausetoreally make up the marine ecological damage caused by the offender will pay a veryhigh price,even often leads to bankruptcy,but they may have limited ability toundertake marine liability. For international oil pollution damages, the legal systemis mainly composed of conventions and other legal documents,such as"1969International Convention on Civil Liability for Oil Pollution Damage" and "1971International Convention on Oil Pollution Compensation Fund",they operate muchmore maturely after years of practice and amendments. The United States do not jointhis two conventions, butestablished domestic ship oil pollution compensationmechanisms through the development of "1990Oil Pollution Act", which requires ahigher liability in the limitation of liability for oil pollution victims’ compensation.Our country also has serious marine oil pollution, but we do not enact legislationspecifically to govern offshore oil accidents, and the limitation of liability is notclear and vaguer when apply to international conventions.So that it is difficult toprosecute those responsible effectively in the event of major oil pollution incidents.The scope of damage in the accident of "Deepwater Horizon" drilling platformoil spill,which occurred in the Gulf of Mexico in2010,was quite extensive,whichled to a wide discussion by scholars.They discussed many issues such as whetherthose responsibilityshould enjoy limitation of liability, whether the limitation ofliability is too low,whether to abolish the limitation of liability in oil pollution.TheConoco Phillips Bohai Bay oil spill accident occurred in2011in our country,alsohad a major impact, and has many similarities with the US Gulf of Mexico oil spill.On this basis, this paper intends to deal with the oil spill in the Gulf of Mexico in the United States and China’s Bohai Bay oil spill Perspective, by analyzing thecontext of the International Conventions on oil pollution damage in the United Statesand China’s limitation of liability for compensation,compare this two systems, andmake some suggestions to improving China’s oil pollution damage liability regime.This paper is divided into four parts:Firstly,the paper expounds the provisions about the limitation of liability of oilpollution damage compensation and the international conventions.This paperexpound,demonstrate,predictand summarize the background,the legal basis, thedevelopment trend and the rules about it.Then,the paper analyze the provisions of thecurrent about the limitation of liability of oil pollution damage compensation ininternational conventions.Secondly, by comparing the international conventions and national legislationof the United States,the paper analyzes concretely the difference of "the1969Liability Convention","1971Fund Convention".Unlike the United States’ OilPollution Act of1990",and then summarizes the characteristics of the Limitation ofLiability of Oil pollution damage compensation of the United States.Thirdly,through the analysis of the limitation of liability of oil pollution damagecompensation of our country in the context of international conventions.The paperpoint out the claim for compensation that our country’s law ask for the person incharge in a major oil spill accidents.The last,combined with the oil-spill disasters in the gulf of Mexico andBohai,and Comparing the difference between the USA and China in oil pollutiondamage limitation of liability,the paper point out the issue in the limitation ofliability of oil pollution damage compensation of our country.What’s more,based onthe successful experience of the United States,the paper put forward the proposals toimprove this system of our country.