The Liability of Compensation for Oil Pollution Damage in China and Suggestion on the Establishment of Mechanism for Liability and Compensation of China
|School||Shanghai Maritime University|
|Keywords||legal application collision mechanism of compensation for oil pollution damage international convention|
The oil pollution damage induced by vessels usually caused unbearable and unrecovered lost to property and environment. So both the international organization and nations with large quantity of petroleum trade have laid down compensation mechanism for oil pollution in order to control the responsibility and compensation with a reasonable balance.As one of the nation with large quantity of petroleum import and export trade, China hasn’t formed her own independent mechanism for liability and compensation of oil pollution damage. All the related laws and regulations are scattered in different kinds of laws. While each kind of law has its own purpose, there often occurs some misunderstanding and conflict in adopting them. This paper will analyze from various angles the application of law and the principle of how to bear the liability when the pollution caused by collision with the legislate practice before the establishment of specific oil law. The discussion will be referred to the nature and characteristics of legal relationship of oil pollution and the special method to take the civil responsibility. To the writer’s point of view, the compensation of oil pollution should have been listed in the limitable rights of our Maritime Law, so it could be limited according to the 11th chapter of Maritime Law and the foreign related cases which should be governed by CLC1969 and CLC1992 China has been attended. The pollution caused by collision should be in the principle of "who pollute, who compensate’ and joint and several liability because the legal relationship of collision and oil pollution are separate ones. The ultimate resolution to the oil damage compensation case in China is to undertake an in-depth theoretical analysis on its characteristics and on the basis of which build up an oil damage compensation mechanism that adoptable to the realities in China, using international conventions and various well-tested oil damage compensation mechanism for reference.