Research On Legal Issues Of Compensation For Damages Caused By Fuel Oil Pollution From Ships In Antarctic

The compensation system for fuel oil pollution damage in Antarctic ships is still lacking,and the improvement of relevant rules is an important trend at present.The43 rd Antarctic Consultative Meeting,held in France in June 2021,once again discussed the ratification of Annex VI of the Protocol on Environmental Protection in the Antarctic.Annex VI of the Protocol on Antarctic Environmental Protection,also known as the Madrid Protocol,provides for liability for damages in case of environmental emergencies.It is foreseeable that the construction of a liability regime for environmental damages in Antarctica will continue to be the focus of the Antarctic Treaty Consultative Meeting in the future,and is also a major trend in the legislation of the Antarctic region,of which the compensation regime for damages caused by fuel oil pollution from Antarctic ships is an important part.The establishment of a compensation system for fuel oil pollution damage from Antarctic ships is necessary.On the one hand,the environment in Antarctic waters is fragile,and the damage that can be caused by a fuel oil spill is even greater than in general waters.On the other hand,Antarctic waters are increasingly being developed,but their harsh navigational conditions present a high risk of fuel oil spills.However,the 2001 International Convention on Civil Liability for Bunker Oil Pollution Damage does not apply to fuel oil spills in Antarctic waters,and Annex VI of the Protocol to the Antarctic Treaty on Environmental Protection has not yet entered into force,so there is a gap in the system for regulating fuel oil pollution damage from Antarctic ships.Against this background,it is necessary to take the 2001 International Convention on Civil Liability for Bunker Oil Pollution Damage as a model and combine it with the special provisions of the Antarctic region in Annex VI of the Protocol to the Antarctic Treaty on Environmental Protection to construct an Antarctic ship bunker oil pollution damage compensation system.In the construction of this mechanism,the scope of adjustment,the subject of responsibility and rights,and the limit of compensation should be taken into account,and the basic principles and purposes of the Antarctic Treaty system should be followed,so as to build a mechanism for compensation for damage caused by bunker oil pollution from ships that is adapted to the special circumstances of the Antarctic.Firstly,with regard to the scope of adjustment of the Antarctic ship bunker oil pollution damage rules,it includes three elements: geographical scope,ship and oil.First,for the geographical scope,the provisions of the 2001 International Convention on Civil Liability for Bunker Oil Pollution Damage should be drawn upon to follow the Antarctic Treaty in determining the geographical scope of pollution damage,and to resolve the conflict between the 2001 International Convention on Civil Liability for Bunker Oil Pollution Damage and the Antarctic Ship Bunker Oil Pollution Damage Compensation Rules in adjusting the geographical scope of preventive measures.Secondly,for the ships to be adjusted,the first should clearly include fishing vessels and include scientific research vessels in the scope of adjustment.Thirdly,for the oil types to be adjusted,not only the persistent oil types but also the non-persistent oil types should be adjusted,while emphasizing and distinguishing them,echoing the different compensation limits of the two.Secondly,in the identification of the subject of the Antarctic ship bunker oil pollution damage compensation rules,it should include two aspects,namely,the subject of compensation and the subject of claim.Firstly,in the subject of compensation,the provisions of the International Convention on Civil Liability for Bunker Oil Pollution Damage 2001 on the subject of ship’s liability should be transposed,and the State should be added as the subject of liability.Secondly,on the subject of compensation,international organizations should be added as the subject of compensation,and the coastal state should be given the qualification of the subject of compensation,so that it can claim for the pollution in its territorial sea within the range north of 60 degrees south latitude according to the rules of compensation for pollution damage by Antarctic ships.Thirdly,with regard to the liability limitation regime of the Antarctic Ship Bunker Oil Pollution Damage Rules,firstly,its independence should be clarified,and secondly,the specific manner in which it should be developed should be determined.Firstly,in terms of independence,it is necessary for it to be separate from the limits of liability in Annex VI of the Protocol to the Antarctic Treaty on Environmental Protection and other oil pollution compensation rules.Secondly,in terms of the manner in which it is formulated,it should be formulated in terms of both fixed amounts and amendment clauses,with tonnage and limits appropriate to the practice in Antarctic waters,and with a distinction between the limits of compensation for persistent and non-persistent oils.