A study of compensation mechanism for oil pollution damage in China

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A study of compensation mechanism for oil pollution damage in China

 

Author: Cao, Yong
Title: A study of compensation mechanism for oil pollution damage in China
Degree: M.Sc.
Year: 2009
Subject: Hong Kong Polytechnic University -- Dissertations
Liability for oil pollution damages -- China.
Oil pollution of the sea -- Law and legislation -- China
Department: Graduate School of Business
Pages: ix, 116 leaves : ill. ; 31 cm.
InnoPac Record: http://library.polyu.edu.hk/record=b2355988
URI: http://theses.lib.polyu.edu.hk/handle/200/5735
Abstract: The oil pollution damage from ships usually causes unbearable and unrecovered lost to victims' properties and the marine environment. Thus, protecting the marine environment has become a thorny issue for the international communities. Beginning in the early 20th century, both the international organizations and countries with large quantity of oil trade have set up the compensation mechanism for oil pollution damage in order to control the potential polluters' liability and the compensation for the victims in a reasonable balance. It is well known that China is one of the major oil trade countries with large quantity of crude oil import and export and China's overseas transportation has been dramatically flourished during recent years. Unfortunately, this prosperity of oil trade is adding the risk of oil pollution damage to the territory waters of China. The contradiction between the unprecedented boom of coastal oil transportation and the increasingly severe situation of oil pollution damage has been impossible to be reconciled. Jurisprudentially speaking, the settlements of the trouble rely on the logical design of institution of law. Therefore, we need to perfect compensation mechanism to achieve the final target of maximum of maritime prosperity and minimum of the oil pollution damage. However, China has not formed her own complete independent compensation mechanism for oil pollution damage. This paper will dwell on the issue of how to establish a reasonable and complete domestic compensation mechanism for oil pollution damage, in the aspects of the China's legal regime, the reasonable limitation of liability, the necessity of compulsory liability insurance and the independent national compensation fund. Then, considering the complete compensation mechanism of US and Canada, based on the current situation of China, give the suggestion on how to establish a proper domestic compensation mechanism for oil pollution damage.

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