Study On Compensation Liability For Damages Caused By Dumping Of Wastes At Sea

The constant development and utilization of the marine resources and its space has led to the deterioration of the marine environment. Dumping wastes into the sea is one of the ways which caused the marine environmental pollution. Nowadays, there are more and more claims for compensation due to the damages caused by such kind of pollution. However, many problems in juridical practice cannot be solved under current laws, such as its elements in legal responsibility, subject of liabilities, and its application of the limitation of liability for maritime claims, etc. This paper attempts to make some discussion base on those problems, hoping to provide some thoughts on solving them.In chapter one "Overview on Dumping Wastes at Sea", firstly, there’s the definition of dumping wastes at sea. Then, the author gives a brief introduction of the particularity of dumping wastes at sea. Thirdly, the author tries to make some comparisons between liabilities of damages caused by dumping wastes at sea and other two similar ways that pollutes the ocean, thus to find its specialties.In Chapter Two "Liability Principle and Elements of Dumping Wastes at Sea", firstly, the author makes some analysis on the responsibility of no-fault, on its significance and its general defenses. Secondly, the author tries to make some discussions on its elements, including harmful acts, damages, and causation, especially on some controversial points.In Chapter Three "The System of Subjects of Dumping Wastes at Sea", the author makes the discussion from two aspects, namely subject of right and subject of responsibility. The subject of right includes those who suffer the marine aquaculture loss, the government, and the clean-up parties. In the subject of responsibility part, the author tries to discuss the problems from two aspects, including the external accountability and distribution of responsibility within the liable subject.In Chapter Four "The Compensation Scope and Methods for Ocean Dumping", the author discusses the application of total compensation and limited compensation in ocean dumping area based on its particularity. For those dumping act which uses boats as its tool, the author analysis whether the limitation of liability for maritime claims could be applied. Then, the author makes some argument on the feasibility of insurance and funding system and other ways of compensation.In Chapter Five "Suggestions to Improve the Compensation System of Dumping Wastes at Sea", the author reviews the cases which mentioned in the introduction part, and summarize the existing problems, then tries to give some suggestions on the legal system and compensation system of dumping wastes at sea.