Research On The Legal Regulation Of On Pollution Damage Compensation From Ships Of Canada

The twenty-first century is the century of ocean. As a maritime country. Canada attaches importance to the development and utilization of ocean.It promotes the rapid development of marine economy and provides a wider space for the development of the country. The oil is the most important strategic resource in the world currently.The development of shipping industry provides convenience for the oil import and export trade.But,with the increase of large oil tanker’s number and vigorous development of oil transportation, the accidents of marine oil pollution occur frequently. Those ship oil pollution accidents cause tremendous damage to the two sides of oil transport contract, oil area residents and the marine environment.The resulting damages of them need legal regulation.In the world, Canada belongs to one of the few countries that can establish the legal system of ship oil pollution damage compensation early. In the legal system mode selection, Canada has abandoned the direct application of international conventions and domestic legislation mode.It establishes the unique system called "double track’".This legal mode means the combination of international conventions and domestic legislation.In the level of International Law, Canada joined the international conventions about the specification of ship oil pollution damage compensation actively and it is the Contracting States of those several important international conventions.Those conventions includes"International Convention for the Prevention of Pollution From Ships,"International Convention on Civil liability for Oil Pollution Damage ","International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage","international Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances By Sea","Intemational Convention on Civil Liability for Bunker Oil Pollution Damage"and so on.In the level of Domestic Law, Canada built system of ship oil pollution damage compensation in the "Canada Shipping Act" and "Canada Maritime Liability Act" as the representative.There is a clear division between the ship within the treaty and the ship without the treaty in the application of adjustment range.For the legal system content of oil pollution damage compensation from ships, there are two subjects who have the compensation liability in Canada. First of all, the owner of a ship is the subject of the civil responsibility for oil pollution damage compensation. The establishment of compulsory liability insurance system can lighten the ship owner’s liability for damages.The owner of the ship and the insurer of compulsory liability become the first level subject for the duty of ship oil pollution damage compensation;Secondly, in order to coordinate the various parties’interests in oil transportation and ensure the victim’s right fully, the fund system of oil pollution compensation from ships emerges.Canadian dual fund pattern is a major feature of the system of compensation for oil pollution damage from ships in the foundation.Based on the international oil pollution compensation fund system, Canada established the oil pollution fund system from ship source combining the domestic maritime practice.The two together constitute the second subject of obligation for the oil pollution damage compensation from ships in Canada.The Canadian law rules are almost consistent with the international convention about the scope of oil pollution damage compensation, including property damage compensation, clean-up anti-fouling charge compensation, environmental damages and pure economic loss compensation and so on. Maritime limitation of liability is the basic system of maritime law concluding Canada ship oil pollution damage compensation system. Under the principle of strict liability, unless the exemption clause is triggered, compensation obligation subject should compensate the suffered losses of the victim even if it has no fault. "Canada maritime liability act" defines the limits liability of damages for ship within the treaty and ship without the treaty respectively.liability limit fund system is established.Current Marine oil pollution damage compensation system of Canada is relatively mature and perfect, which relevant to promoting of several large ship pollution accidents. Canada’s system of advanced concepts and good system operation has a guiding significance for other countries, especially for our country where shipping industry develop rapidly and Marine oil pollution damage compensation system is not perfect. But equally, Canadian Marine oil pollution damage compensation system still has space for development. In the future, Canada should strengthen the interaction of international conventions and domestic legislation, play a role in the dual funds, integrate domestic legislation system, establish and perfect the supervision mechanism, safeguard the legitimate rights and interests of all parties of ship oil pollution accident. But in the end, the continued development of the Marine environment protection and maritime shipping industry is the main goal of Canada’s system of marine oil pollution damage compensation, is the essential target of law regulation.