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Probe on the Legal System of Vessel Pollutions in Coastal Transportation

Author: ZhangMengDi
Tutor: GuoPing
School: Dalian Maritime University
Course: Maritime school
Keywords: Vessel Pollutions Domestic Legislation Tort Law
CLC: D923
Type: Master's thesis
Year: 2011
Downloads: 70
Quote: 1
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Abstract

In our country, we have divided the law, which regulates marine pollution tort law relations, into two parts, pollution relations relating to other countries and internal pollution relations. Further to the former one, we have entered into 1992 international convention on civil liability for oil pollution damage and 2001 convention on civil liability for fuel damage, thus, we have the systematical and definite law to regulate. However, other than having the uniform law to regulate the latter one, we have several rules promulgated among different laws, which also makes our practices inconvenient, in the mean time, it also arises big arguments between application and specific paragraph when we use it to regulate our actions not only in the theory, but also in the practices. Therefore, this paper will analyze tow conventions hereinbefore, then study on our different rules, especially on tort law which just promulgated by our Legislative committee, also it will compare the conventions with our internal law, after that we find out the difference and advanced provisions.On the basis of which, this paper is divided into five parts except preface and conclusion. In order to provide legal grounds for the related problems arised by pollution of coastal transportation, it stands on the internal rules, and probes on the three main legal regimes in the damage of coastal transportation.The first chapter states the basis concept of pollution damage caused by coastal transportation, it defines the concept of vessel pollution on coastal transportation, the special content of coastal transportation, illustrates the concrete contents of pollution damage caused by coastal transportation.The chapter two is about the internal rules about pollution damage caused by coastal transportation, it concludes the related rules about pollution damage caused by coastal transportation in accordance with three aspects:internal law, regulations before Tort Law, Tort Law, and "On the trial of ship pollution damage compensation disputes the provisions of some issues" prepared by The Supreme Court of PRC. During which, the paper explains where area we have rules and where area we do not have, where exists conflict and where have flaw under the current laws and regulations. At last what rules causes the un-convenient of our practices.The other three chapters are the concrete internal provisions about three problems in the area of pollution damage caused by coastal transportation, which includes, the subject of the liability, the extent of the indemnity for damage, and the way to take responsibility, furthermore, this paper not only analyze the rules about how to regulate aforesaid three problems respectively, but also reach the conclusions, at last, it brings forward some improving suggestions.

Probe on the Legal System of Vessel Pollutions in Coastal Transportation

Abstract

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