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Comparative Study on Compensation for Ship Oil Pollution

Author: HanShaoGuang
Tutor: MaYanQiu
School: Ocean University of China
Course: International Law
Keywords: Oil pollution Compensation for damage Limitation of liability International fund for compensation for oil pollution damage Compulsory insurance
CLC: D996.9
Type: Master's thesis
Year: 2009
Downloads: 175
Quote: 4
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Abstract


China has seen its oil importation soaring since 1993 when it turned into an oil importing country from an exporting country.In 2000,China’s oil import volume jumped to the third place in the world next only to the United States and Japan.It is predicted that by the year 2010 China’s oil demand will be somewhere between 300 million and 350 million tons,170 tons of which will have to be imported.At present 90% of China’s imported oil is transported by ship.The ever-growing oil importation has put China at risk of increasing accidents of serious oil spilling pollution.Statistics show that over the ten years from 1994 to 2003 there were more than 30 cases of oil escaping or discharging with over 50 tons of oil spilled each time in China’s coastal waters.Serious damage to the surrounding ecological environment ensued.Therefore it has become our top priority to work out China’s compensation mechanism for the damage caused by ship oil pollution to protect marine environment and the government has attached great importance to it.In the practice of our country,the court often finds the difficulty to search the legal criterion from the present laws.The author of the text tries to develop the research on the compensation for the oil pollution damage on the basis of large reading and learning on related materials.The author puts forward some assumptions on the above broblems through analysis of related cases and the simple knowledge on law. Firstly,this paper advanced the definition and the range of national loss of ship oil pollution.Afterwards,pointed out the primary reason for the serious effect of our national ship oil pollution and the confusion of compensation,is the uncertainty of national loss compensation principal part legislation.Building a system of ship oil pollution national loss compensation becauses more and more urgent.Therefore,this paper deeply analyzed our country’s current statue of national oil compensation and its primary source.Meanwhile,some experienced activities of other countries and areas were introduced.Combining with the situation of our country and future development trend of preventing from ship oil pollution,an advice on setting up a system of ship oil pollution national loss compensation was presented and analyzed in this paper.On the basis summary on the whole paper,this paper draw a conclusion on the feasibility of setting up a system of ship oil pollution national loss compensation according with the situation of china,some relavant law was advised finally.

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