Research On The Limitation Of Liability For Oil Pollution Removal Costs Of Ships

On January 6,2018,the collision accident between “SANCHI” and “CF CRYSTAL” occurred in the East China Sea resulting in the leakage of condensate oil and marine fuel transported by “SANCHI”.The collision accident of oil tankers in the East China Sea is the first oil tanker carrying condensate oil to leak into the sea.After the accident,the Shanghai Maritime Court supported the application of the shipowner of the “CF CRYSTAL” vessel who was responsible for the accident to set up a limitation fund for maritime liability.The court held that the oil pollution removal costs of ships of the Shanghai Maritime Bureau was a restrictive claim,while the Shanghai Maritime Bureau considered that the oil pollution removal costs of ships was a non-restrictive claim.Some scholars believe that the condensate oil transported by “SANCHI” vessel belongs to non-persistent oil,and the loss caused by condensate oil leakage can not be applied to the limitation of liability.Based on whether the oil pollution removal costs of ships caused by the accident belongs to the restrictive creditor’s rights and the property of condensate oil,this paper reveals the blank of the limitation of liability for oil pollution damage caused by the ship’s non-persistent cargo oil leakage in China’s legal system,with a view to putting forward relevant suggestions for improving the limitation of liability for removal costs of ships in China.Oil pollution removal costs of ships refers to the cost of taking preventive measures to prevent or reduce oil pollution damage after the oil spill accident,as well as the further loss or damage caused by taking preventive measures.Oil pollution removal costs of ships is one of damage caused by ship oil pollution.It belongs to restrictive creditor’s rights and can be applied to the limitation of liability.The International Convention on Civil Liability for Oil Pollution Damage(1992)and the International Convention on Civil Liability for Bunker Oil Pollution Damage(2001),the Maritime Law of the People’s Republic of China and the Provisions of the Supreme People’s Court on Several Issues Concerning the Trial Disputes of Compensation for Oil Pollution Damage on Ships issued by the Supreme People’s Court do not stipulate that oil pollution caused by the leakage of non-persistent in case of damage,the oil pollution removal costs of ships may be subject to the limitation of liability.However,the Regulations on the Administration of Collection and Use of Marine Oil Pollution Damage Compensation Fund(promulgated by the Ministry of Finance and the Ministry of Transportation and implemented on July 1,2012)stipulate that the Marine Oil Pollution Damage Compensation Fund can be used to compensate and compensate for oil pollution removal costs of ships arising from measures taken to prevent or reduce oil pollution damage;and the Guidelines for Claims of Ship Oil Pollution Damage Compensation Fund(Trial Edition)(promulgated by the Maritime Bureau of the Ministry of Transportation and Implemented on July 3,2016),it is stipulated that the total amount of oil pollution damage caused by the oil tanker carrying non-persistent cargo oil leakage exceeds the portion of the compensation limit set by the maritime liability limitation of the ship owner stipulated in the Maritime Law of the People’s Republic of China for oil pollution damage,and the owner of the right to oil pollution damage.The entity may apply to the Ship Oil Pollution Damage Compensation Fund for compensation and compensation.These two departmental normative documents provide certain possibilities for applying the limitation of liability to the oil pollution removal costs of ships caused by oil pollution damage caused by the oil tanker carrying non-persistent cargo oil leakage.This paper is divided into four chapters: Chapter 1 is the overview of the relevant theories of the limitation of liability for removal costs of ships,mainly analyzing the theoretical and legal nature of removal costs of ships.Chapter 2 mainly discusses the subject and scope of ships removal costs,and points out the problems existing in China’s provisions on the claim body and scope of removal costs of ships.Chapter 3 is a comparative study of the limitation of liability for removal costs of ships,and this paper analyses the differences between international conventions,representative countries and China’s provisions on the limitation of liability for ships,oils and the limitation of liability,and then point out the problem that our country stipulates to exist.Chapter 4 is about the necessity and suggestions of perfecting the limitation of liability for removal costs of ships in China.