Study On The Limitation Of Liability For Marine Oil Pollution Damage Compensation

The limitation of liability for maritime claims is an special system of maritime law,the system will limitate the liability for compensation in a certain amount of range,who is ship owner,charterer,liability of the operator of the ship or salvage,in order to reduce the risk and burden of those responsible.This system is different from the traditional civil compensation principle,for it's purpose is to protect the right of those responsible.With the rapid development of international trade, the international shipping industry has continue to boom.China as the world's trading nation and Marine power, with the rapid development of domestic economy, the number of the offshore oil transport continues to rise,at the same time serious Marine oil pollution damage accident also brought increasingly.How to protect the environment when the domestic economy has grows is a realistic problem we will face,as the ship oil pollution accident happened frequently .How to protect the rights of the victims and give attention to the ship owners who have high risk,is an urgent problem which should be solved.Therefore we can introduce the limitation of liability for maritime claims in the Marine oil pollution damage compensation,limitating the ship owners liability of oil pollution compensation within a certain amount when a marine oil pollution damage accident has happened,namely the so-called Limitation of liability for marine oil pollution damage compensation,while also need guarantee of the obligatory liabilities insurance and the system of oil pollution fund .In this paper,how to guarantee the victims' claims for damage compensation and how to protect the ship owners interests is the research direction.Based on the analyze of the limitation of liability for marine oil pollution damage compensation and its relationship with limitation of liability for maritime claims,combining with the international conventions and legislation in developed countries.pointing out that the current legislation and procedural problems of limitation of liability for marine oil pollution damage compensation ,a proposal for amendments is put forward finally.