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Research on the Right Remedy System of Environmental Tort with the Case of Conoco Phillips Oil Pollution Incident

Author: ChenEnQuan
Tutor: MaZuo
School: Southwestern University of Finance and Economics
Course: Legal
Keywords: ConocoPhillips Oil Pollution Case Environmental Tort Environmental Right Remedy Public Interest Litigation EnvironmentalInsurance
CLC: D922.68
Type: Master's thesis
Year: 2012
Downloads: 36
Quote: 0
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Abstract


The oil pollution caused by ConocoPhillips in Bohai Bay is a typical case in recent years, and some legal issues reflected in this case are worthy to be analyzed fatherly. In industrial age, industrial production is of some danger to the environment and some civil right may be infringed, so it is necessary to establish a legal mechanism to remedy the civil rights damaged by environmental pollution. The pollution cases such as ConocoPhillips case indicate that there are some flaws in current legal system, for example, it is hard to remedy the rights with civil procedure and the administrative meditation is with low transparency. The effect of public interest litigation is still to be required for long-term observation. All those above may causes social conflicts because of the lack for rights remedy in pollution cases. This dissertation researches the legal issues about pollution tort with the following parts:The first part is brief introduction, which contains backgrounds, purpose and method; the second part is the case of ConocoPhillips oil pollution and the deep thinking about this case. This part analyses ConocoPhillips oil pollution case and maintains that the flaws in information publicity and judicial case registration causes the hardness to remedy the victims’ rights. The third part is the dilemma in China’s legal system of environmental tort liability. This part analyses the civil right remedy and environmental compensation in significant pollution case and maintains that there is also some difficulties to protect the civil and public rights. The last part is the reconstruction of the environmental tort liability system. This part puts forwards that some measures, such as improving the legal system of environmental tort litigation, more concrete public interest litigation system, and environmental insurance, should be taken to improve the legal system of environmental tort liability.

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CLC: > Political, legal > Legal > Chinese law > Natural Resources and Environmental Protection Act > Environmental Protection Act
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