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Charterer of oil pollution damage liability issues

Author: LaiLiLing
Tutor: FanXiaoBo
School: China University of Political Science
Course: International Law
Keywords: Charterer For Oil Pollution Damage The main responsibility Limitation of Liability
CLC: D996.9
Type: Master's thesis
Year: 2008
Downloads: 78
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Abstract


Before the 1970s oil crisis, companies are producing crude oil, to use their own transport by vessels out of the accident responsible for their own, and later gradually changed. Today, oil companies usually charter the ship broker to broker negotiations with the vessel operators for renting, and vessel operators are not necessarily the true masters of the ship, because they can be entrusted to the management of ships of other vessel operators. Therefore, the oil companies is the main charterer. In addition, some specializing in tanker transport of ocean-going transportation company. Our oil companies are generally charter transportation. And as the world's third largest oil-importing countries, more than 90 percent of China's crude oil imports rely on foreign oil tanker transport. The two major oil importers in China - PetroChina and Sinopec to control their own tanker fleet. Maritime Oil Transportation business of China's three major oil companies, mostly overseas from international tanker joint venture, Global Shipping, South Korea's Hyundai Oil Tanker Company charter carrier. Meanwhile, with the growth in demand for oil and shipping capacity, the risk of oil pollution damage occurred and continue to increase. Then in the oil spill during the transport process, leading to oil pollution damage accident occurs at sea, the role of the need to assume liability for Oil Pollution damage, it is necessary to understand the charterer (usually oil companies). For oil pollution damage compensation for the legal system of the legislative process, this issue has been controversial. Oil pollution damage compensation for civil liability of the main problems, the current parallel to the two legal provisions of the CLC Convention and the U.S. Oil Pollution Act. CLC Convention system is totally out of the charterer outside the scope of responsibility of the main; the U.S. Oil Pollution Act only bareboat charterer clearly the main responsibility for the time charter and voyage charter is excluded. This article is divided into three parts, through the analysis of the relevant international conventions and the Anglo-American law, case, and the charterer is divided into two categories: the bareboat charterer and charter, voyage charterer who use the method of comparative analysis to prove the commitment to the oil pollution damage liability differences between them. The first part describes the bareboat charterer in the oil from responsibility under international conventions and the common law system, as well as its contractual obligations under the charter party; explore the second part of the charter and voyage charter directly under the system of the U.S. Oil Pollution Act the possibility of commitment to oil spill liability and oil pollution responsibility they may take in accordance with the terms and conditions of the charter party; limitation of liability of the third part through the analysis of maritime liability limits the Convention and the relevant case the charterer put forward some of their own on this issue views. In addition, the damages of Oil Pollution from Ships civil liability for the principal to put forward a number of legislative proposals.

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CLC: > Political, legal > Legal > International law > International Environmental Protection Act
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