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Ship Oil Pollution Compensation Fund and the legal systems of Enlightenment

Author: ZhangZuo
Tutor: WeiYouHong
School: East China University of Political Science
Course: Legal
Keywords: Shipboard Oil Pollution Damages Pollution Compensation Fund
CLC: D923;D922.68
Type: Master's thesis
Year: 2011
Downloads: 218
Quote: 2
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Abstract


With the development of human society, the oil has been gradually replaced coal as the main source of energy, but also because the uneven distribution of the world's oil resources, a lot of oil is via sea transport to reach the port of destination, the ship's oil spill transport often occur to people's property and health caused a great threat to the marine environment also caused incalculable damage. For the prevention, resolution ship oil spill pollution, protection of the marine environment, over the years, the international community has been seeking ways to address oil pollution through legislation damages problem by a series of international conventions, and thus build a more perfect international oil pollution compensation regime. At present China's offshore oil transport volume ranked third in the world, because of substantial growth in the amount of oil transportation, but also have a higher likelihood of occurrence of oil spills from ships, offshore China in the future may become a marine oil spill-prone areas. China was in 2001 through the \problem, the Ministry of Finance and the Ministry of Transportation has been drafted jointly formulated the \This paper is divided into three chapters, Chapter I outlines oil pollution compensation fund system, introduction and oil pollution compensation fund related terms mean, and expounded Ships Oil Pollution Compensation Fund established the legal origin and necessity, mainly on the ship all people impose a quota system and compensation for oil pollution regulations by the owners assume responsibility approach embodies the principle of balance of interests; chapter also contains information on civil liability for oil pollution damage international conventions and relevant domestic legislation, mainly the \International Convention on the Compensation Fund \The second chapter is internationally Oil Pollution Compensation Mechanism and learn, there are mainly three approaches, namely, the Convention on the International Fund for participation, the establishment of national institutions and funds through international conventions and national legislation to establish dual fund system, and for our current actual situation, China is now the system is not suitable for acceding to the Convention, but should the way through the legislative system to establish their own funds. Construction of the third chapter fund system for a specific proposal, this part, the author focuses on two issues, namely to establish a fund which mode system and the fisheries on marine oil pollution damage is caused by long-term should be included in the scope of compensation, Through analysis, the authors believe that China's establishment of a trust fund model is more useful style, meanwhile, has not been introduced in the limit before the relevant judicial interpretations, and long-term loss of fisheries into the scope of compensation funds can better protect our marine environment . Authors hope this article in our Ship Oil Pollution Compensation Fund regime is introduced for the relevant departments to make some reasonable suggestions and reference.

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