Research On Compensation For Ship Non-persistent Oil Pollution Damage

Non-persistent oil pollution damage refers to any oil other than persistent oil(such as diesel,condensate,etc.),which carries oil or power oil on the ship as a ship,that is,non-persistent fuel oil and non-persistent cargo oil,due to its own reasons or the oil spill accident caused by the collision of ships.In 2018,the collision of the ship "Sanji" led to a large number of condensate and diesel spills,and the issue of compensation for non-persistent oil pollution damages has attracted attention from all parties.Since the condensate in it belongs to the non-persistent oil class expressly excluded by the 1992 International Convention on Civil Liability for Oil Pollution Damage,to which china is a party,its claim may be subject to many limitations,resulting in the possibility of receiving compensation that is much lower than the actual loss.This paper attempts to analyze the claim mechanism for non-persistent oil pollution damage compensation,etc.,in order to provide corresponding references and suggestions for the establishment of a non-persistent oil pollution damage compensation system in China.This article is divided into five sections.The first part is "Overview of the Compensation System for Non-persistent Oil Pollution Damage".This part first analyzes the concept of non-persistent oils and their related persistent oils,toxic and harmful substances,and then summarizes the historical evolution of the relevant system of compensation for non-persistent oil pollution damages,which is mainly reflected in relevant international conventions.Finally,the need to study the issue of compensation for non-persistent oil pollution damages is discussed,paving the way for the next research in this paper.The second part is "the subject of compensation for non-persistent oil pollution damages".This part mainly discusses the general compensation subjects and supplementary compensation subjects for non-persistent oil pollution damage,and the responsible subject,as the main element in the compensation damage system,plays a pivotal role in the discussion of the issue of damage compensation,and the clarification of the responsible subject will be conducive to promoting the progress of damage compensation.The third part is "Scope of compensation for non-persistent oil pollution damages".This part first determines the principles for determining the scope of damage compensation,and then,under the guidance of these principles,through the analysis of relevant international conventions,laws and practical cases,explores the scope of non-persistent oil pollution damage compensation and existing problems,and discusses whether items such as oil pollution cleaning fees and pure economic losses should fall within the scope of non-persistent oil pollution damage compensation.Through discussion,suggestions are made for the specific scope of compensation for non-persistent oil pollution damage,and a compensation system for non-persistent oil pollution damage is further constructed.The fourth part is "Limitation of Liability for Non-Persistent Oil Pollution Damage".This section mainly discusses the scope of application of the maritime liability limitation regime unique to maritime law in compensation for non-persistent oil pollution damage and the shortcomings of the existing provisions.As a very important part of the construction of the non-persistent oil pollution damage compensation system,the specific content of the maritime liability limit,including its liability limit and the damage compensation fund,is of great significance to the construction of the damage liability limitation system.Because the scope and cost of non-persistent oil pollution damage are wide,but the degree and scope of compensation are not the same as those of persistent oils,it is necessary to construct a special oil pollution damage liability limitation for non-persistent oil pollution damage.The fifth part is "Complete Recommendations on Compensation for Non-Persistent Oil Pollution Damage".This part provides targeted solutions to the corresponding problems raised in the above four parts,and draws on the relevant legislation and time experience of countries outside the region,including amending the relevant provisions of the Maritime Law of the People’s Republic of China,establishing a non-persistent oil pollution damage compensation fund system,and clarifying the scope of non-persistent oil pollution damage compensation,etc.,providing certain perfect ideas and suggestions for the construction of China’s non-persistent oil pollution damage compensation system.This paper finds that China’s current non-persistent oil pollution damage compensation system is still relatively lacking,the law stipulates that there are gaps in the legal provisions of the fund system for non-persistent oil pollution damage compensation,the limitation of liability for oil pollution damage,etc.,and China has not joined the HNS Convention related to non-persistent oil pollution damage compensation,the existing maritime compensation limit is very low,and the oil pollution damage compensation fund system is not perfect.Therefore,on the issue of compensation for non-persistent oil pollution damage,on the basis of referring to international and foreign experience,China urgently needs to establish a set of non-persistent oil pollution damage liability system that meets China’s national conditions to promote the healthy and upward development of China’s shipping industry.