Compensation for vessel-source oil pollution damage in China

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Compensation for vessel-source oil pollution damage in China

 

Author: Dong, Bingying
Title: Compensation for vessel-source oil pollution damage in China
Degree: M.Phil.
Year: 2014
Subject: Liability for oil pollution damages -- China.
Marine insurance -- Law and legislation -- China.
Oil spills -- Law and legislation -- China.
Hong Kong Polytechnic University -- Dissertations
Department: Dept. of Logistics and Maritime Studies
Pages: xviii, 197 leaves : illustrations ; 30 cm
Language: English
InnoPac Record: http://library.polyu.edu.hk/record=b2757532
URI: http://theses.lib.polyu.edu.hk/handle/200/7526
Abstract: We live in an energy-dependent world where oil is the main source of energy. The carriage of oil by sea goes hand in hand with the potential risk of oil spill incidents. China is potentially exposed to an increasing risk of vessel-source oil pollution incidents as a result of rapid development of its marine petroleum industry and marine transportation. However, the complete framework of a compensation regime for vessel-source oil pollution damage was not established until after a number of laws and regulations came into effect by the close of 2012. However, up to now there has not been any relevant research dedicated to this new regime of compensation for vessel-source oil pollution damage in China. In addition, this research is motivated by China's reluctance to fully accept the well-established international compensation regime for vessel-source oil pollution damage. Few attempts have been made to explain the different attitudes of countries toward the international compensation regime, or to analyze the rationality of China's incomplete acceptance of such international regime. Taking the above background into consideration, this research contributes to the existing literature in three respects. Firstly, this research comprehensively investigates the new regime of compensation for vessel-source oil pollution damage in China, and illustrates how China is enhancing its compensation capacity and moving closer toward the international standards that have been established by the relevant international conventions. Secondly, this research applies a social science method - fuzzy-set Qualitative Comparative Analysis - into legal research and, for the first time, into the oil pollution compensation area. It is used to demonstrate how three factors combined together have led to the high acceptance level of the international regime, these factors being (a) economic development, (b) risk of exposure to tanker oil spills, and (c) the financial burden associated with adherence to the relevant international conventions relating to oil pollution compensation. Three patterns of countries that have joined the International Oil Pollution Compensation (IOPC) Fund are identified and interpreted. Finally, based on a comprehensive examination of the compensation regime for vessel-source oil pollution damage in China, together with the results of the fuzzy-set Qualitative Comparative Analysis, this research provides a useful insight into the necessity and feasibility of China's participation in the IOPC Fund, which would further increase the compensation limits and give greater protection to the victims of any future oil pollution incidents in China.

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