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A Research of Claims for China’s Marine Ecological Damage

Author: YangJianPing
Tutor: LvKai
School: Tianjin University
Course: Economic Law
Keywords: marine ecological damage claim
CLC: D923
Type: Master's thesis
Year: 2012
Downloads: 74
Quote: 0
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Abstract


At present, the protection of the marine ecological environment has become thehot issues of common concern to countries in the world. China as a maritime country,with the rapid development of marine economy, ship collision oil spills, offshore oilexploration and oil spills, oil pipeline explosion caused by the accident of marineecological damage accidents occur frequently, the interests of the marine ecosystemsuffered a serious infringement. Marine ecological damage is distinguished frompersonal injury and property damage, become a new damage, and come into the fieldof legal regulation. International marine ecological damage claims can draw on theuseful experience, comparatively speaking, China’s laws on marine ecological damageclaims are principle and abstract, resulting in claims practice difficult, so it isnecessary to study the marine ecological damage claim related to legal issues. This isalso consistent with the socialist concept of ecological civilization advocated by ourgovernment, and also is the inevitable mission to protect ecological by environmentallaw.Chapter I introduces the research background and significance of the researchstatus, and major research and research methods. Chapter II puts forward lawdefinition of marine ecological damage, analyzes the main features of the marineecosystem damage, and China’s marine ecological damage to the legislative status quoand judicial practice. Chapter III introduces the extraterritorial experiences of themarine ecosystem damage claims, including international conventions, theInternational Maritime Committee, the relevant provisions of the United States andthe European Union. Chapter IV sets out the legal problems of the marine ecosystemdamage claims, including the executive authorities are unsure as to claim subject,inadequate scope of compensation, the amount of compensation to calculate the lackof standards, lack of third-party evaluation of accreditation bodies and ecologicaldamage to public interest litigation is imperfect in five areas. Chapter V puts forwardlegal suggestions for improvement before the legal issues raised, including clear andspecific administrative authorities as claims body, to improve compensation for amore comprehensive range of compensation for damage, to build a comprehensivecompensation calculation standards, the establishment of an impartial third party evaluation identification institutions and by the plaintiff an extension of eligibility tocertain environmental organizations to improve the ecological damage the publicinterest litigation.I hope this study can improve the legal system of marine ecosystem damageclaims, arouse public awareness of the law to protect the interests of the marineecosystem.

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