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A Study on the Fund Guarantee System for Emergency Response Mechanism Against Shipboard Oil Spillage

Author: ChenZhiYing
Tutor: MeiHong
School: Ocean University of China
Course: International Law
Keywords: Ship oil spill emergency response mechanism The financial security of the oil spill response mechanism Ship Oil Spill Response special fund
CLC: D996.9
Type: Master's thesis
Year: 2010
Downloads: 174
Quote: 0
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Abstract


With the development of China's economy, the demand for oil is rising rapidly. The increase in the demand for oil led out of our waters tanker density, increasing the risk of oil spills from ships. In recent years, China's focus on ship oil spill accident in a timely manner to carry out emergency clean-up, monitoring and emergency response monitoring, ship oil spill emergency response mechanism has been initially established. However, due to the lack of support of the Oil Pollution Compensation Fund of oil spills from ships, the lack of compensation for oil pollution damage occurred after the expenses incurred by the relevant units for quick start of the oil spill response mechanism, and long-term advances by the work unit. Lack of ship oil spill emergency response funds security system, a direct impact to carry out the work of ship oil spill emergency response and oil spill response capabilities. Thus ship oil spill emergency response mechanism to establish financial security system has become essential. Chapters, the main part of this article by ship oil spill emergency response mechanism to establish the need for financial security, analyzes the experience of the international and domestic financial security measures, proposed the idea of ??the establishment of a Chinese ship oil spill emergency response mechanism to a special fund. The first chapter is the analysis of the need for protection of ship oil spill emergency response funds. First elaborate concepts and Oil Spill Response status quo of China's shipbuilding ship oil spill emergency response mechanisms proposed the problem of the lack of financial security; followed by analysis of ship oil spill and increased risk of domestic unfunded system is currently facing international on should not be added to the problem of Oil Pollution Compensation Fund. The second chapter is the experience on the international response to the oil spill emergency response fund security issues. The United States established a contingency fund, including domestic oil pollution damage Trust Fund mechanism established by the International Convention on International Civil Liability for Oil Pollution Damage and the Oil Pollution Compensation Fund mechanism;; combination of double funding mechanism established in Canada to participate in international funds and the establishment of a domestic fund . Based on this analysis of the international funds, but should not be added to the establishment of the Special Emergency Response Fund experiences. The third chapter is China's domestic response to the practical experience of ship oil spill emergency response mechanisms of financial security issues. According to market principles, Shenzhen, Zhoushan Oil Spill clean-up operation experience in team building; the small main oil spill special fund set up in Dalian City experience, as well as the representative of oil and other petroleum shippers emergency response center Experience. The establishment of a financial security system is the key to promote the efficient operation of ship oil spill emergency response mechanism. Chapter IV of ship oil spill emergency response to a special fund set up envisaged. Combined with the experience of the first two chapters, discusses the feasibility of establishing the Fund. Based on this ship oil spill emergency response construction of a special fund to propose ideas, the idea of ??including the source of the funding, the scope of the Fund's management, application and payment procedures. Finally, we discuss the oil spill emergency response to a special fund and ship oil pollution liability mandatory to ensure the convergence of the systems of the system Oil Pollution Compensation Fund.

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