Research On Legal Issues About Oil Pollution Preparedness In The Arctic Sea

Since the Arctic Sea has been opened to navigation,the protection of the arctic marine environment in the Arctic Sea has been increasingly emphasized by the international community,especially the problems of the discharge of oil from ships.Oil Pollution Preparedness in the Arctic Sea is significant when it comes to the complex but vulnerable arctic marine environment.Oil Pollution Preparedness in the Arctic Sea aims at regulating the discharge of oil from ships when sailing in the Arctic Sea.Because of the particularity of the arctic marine environment,it is different from the Oil Pollution Preparedness when in the general sea.This thesis is divided into five parts to research some important legal issues of the Oil Pollution Preparedness in the Arctic Sea.The first chapter sets forth the theoretical basis of the Oil Pollution Preparedness in the Arctic Sea.It first defines the definition of the Oil Pollution Preparedness in the Arctic Sea,and analyzes the connection and difference between Oil Pollution Preparedness in the Arctic Sea and that in general sea and that between Oil Pollution Preparedness and Oil Pollution Prevention,and then reaches the particularity of the Oil Pollution Preparedness in the Arctic Sea including difficulty and stringency.It then discusses the legal principles that applicable to the Oil Pollution Preparedness in the Arctic Sea,and the development trend of the Oil Pollution Preparedness in the Arctic Sea according to the formulation of the《Polar Code》and current legislative practice.The second chapter analyzes the jurisdiction of the Oil Pollution Preparedness in the Arctic Sea in certain countries,including exercising subject,type and scope of jurisdiction.And on the basis of discussion,summarizes the jurisdiction dispute and provides the relevant way to solve the problems.Those disputes include the excessive management and control by coastal states of the Arctic Sea,the inadequacy jurisdiction of flag states and concurrence of jurisdiction.And the corresponding solutions are enacting an executive agreement over " Ice-covered Areas" clause,reinforcing the surveillance of IMO and constructing the negotiating mechanism.The third chapter researches the obligations of related countries.It first analyzes the source of the obligations of related countries about the Oil Pollution Preparedness in the Arctic Sea,and the obligations comes from the fundamental rights of states.And then it discusses the purpose of the obligations,aiming at guaranteeing the performance of the fundamental rights of states.Next it defines the category of the obligations,including enacting laws and regulations thereof,oil pollution report,establishing system of Oil Pollution Preparedness in the Arctic Sea and international cooperation thereof.Last it elaborates the ways to perform the obligations of relevant countries.The fourth chapter introduces and discusses foreign legislation practice of the Oil Pollution Preparedness in the Arctic Sea,including the main coastal countries,port state and the flag state and the legislative practice of the Arctic Council,and sums up the reference to our country,including that of standard of shipbuilding and manning,Shipboard Oil Pollution Emergency Plan and standard of the discharge of oil from ships.The Fifth chapter discusses the current situation and problems of legislation in our country in the terms of Oil Pollution Preparedness in the Arctic Sea as a flag state,and provides the countermeasures of our country’s response to Oil Pollution Preparedness in the Arctic Sea.Those countermeasures are that consummating law making of the Oil Pollution Preparedness when sailing in the Arctic Sea,perfecting the Shipboard Oil Pollution Emergency Plan combining the specific arctic marine environment and reinforcing cooperation with other countries to facilitate the progress of legislation research.