The Study Of The Liability Attribution Principle System For Offshore Oil Pollution

It is the rationale of liability that lies in the core position of ocean oil pollution law.Establishing a reasonable rationale of liability and making up a logically unified rationale of liability system is the key to build the entire system of ocean oil pollution law.The core rules of the legal system of ocean oil pollution are built on the basis of the rationale of liability.The legislation of our country s law on the principle of liability for environmental pollution is based on the principle of strict liability.For the damage caused by offshore oil pollution,it is generally considered that strict liability as the principle of imputation has become a common practice worldwide.However,there is an inherent problem in the principle of "Single principle of attribution(i.e.strict liability)".Moreover,because China’s Tort Liability Law does not have a limit on compensation,even if it is a strict liability,it has no compensation limit.But this is not necessarily reasonable.Therefore,for the particularity of the petroleum industry,the legal system for regulating offshore oil pollution has characteristics that are distinct from the legal system for regulating other enviorment pollution.The principle of imputation should also have its particularity.Therefore,the thesis of this paper is that the two-tiered principle system is a unified comprehensive system.It is based on strict liability,supplemented by the breakthrough of compensation limit based on fault liability,and supported by oil pollution liability insurance and oil pollution fund.It balances the conflict of interest between protection of pollution victims,the maintenance of the stable development of the oil industry and the incentives for safe production of offshore oil.Therefore,the principle of attribution of liabitliy should adopt the "two-tiered principle of attribution" to replace the "Single principle of attribution(i.e.strict liability)".Due to the fact that the laws on China s offshore oil pollution are too general and insufficient for pollution victims’ compensation,the system of two-tiered principle of attribution should be used as a guide to reconstruct the legal system of oil pollution in China.Meanwhile the thesis has introduced the relevant system of oil pollution insurance and fund and explained the importance role in the systematic way of dealing with offshore oil pollution.The full text is divided into nine chapters and the main contents are as follows:Chapter 1,’ Introduction.’ This chapter mainly introduces the background,significance,academic review,research method and framework of this thesis.Chapter 2,"The Traditional Principles of Attribution on Tort Liability of Offshore Oil Pollution".This chapter introduces and analyzes the traditional principle of attribution of marine oil pollution from three aspects:including the common law countries,represented by the United Kingdom;the statute of the civil law system;and the maritime law that integrates the elements of the civil law and common law system.Chapter 3,"Innovative Development and Legal Construction of the Two-tiered Principle of Attribution System".The principle is different from traditional fault liability or strict liability.Due to the particularity of offshore oil pollution,the principle of attribution is also unique.This chapter explains the development and legal structure of the two-tiered liability principle system for offshore oil pollution through historical research methods.Chapter 4,“Strict Liability and Compensation Limits".In the development of the offshore oil legal system,the principle of attribution experienced a transition from fault liability to strict liability.According to the strict liability standard,as long as there is an oil spill accident on the ship or rig and causes damage,even if the operator puts in a reasonable care standard,the owner or operator of the ship or rig still has to deal with the accident.The compensation limit is a restriction on strict liability to protect the development of the oil industry.Chapter 5,"Fault Responsibility and Breaking Compensation Limits:Take the US "Deepwater Horizon" case in 2010 as an example".In practice,the compensation limit system may result in the victim s inadequate compensation.In this case,it conflicts with the principle of full compensation for tort law.Therefore,the conditions for breaking the compensation limit should be set,and the polluter pays for the claim exceeding the compensation limit in case of gross negligence or recklessness base on fault liability.Chapter 6,"Offshore Oil Pollution Liability Insurance System:from the Social Sharing of Damage Compensation to the Social Supervision of Pollution Risks." The system of two-tiered attribution principle led by strict liability makes the responsibility of identifying polluters more convenient.Yet how to ensure that the polluter has the ability to compensate remains to be a big challenge.It is widely recognized that insurance is an effective means of guaranteeing victims’ access to compensation and environmental damage.Insurance is not only an effective means of guaranteeing damages,but also an important mechanism for the safety supervision.Meanwhile insurance has very close relationship with the compensation limit under the system of two-tiered attribution principle.Chapter 7,"Offshore Oil Pollution Fund System:Supplementary Compensation Mechanism for Tort Liability".Since the insurer has a limit on the amount of insurance coverage(generally the limit of compensation provided by the regulations),the oil pollution fund can provide supplementary compensation to the victim for damages other than the insurance amount(or compensation limit).Moreover,compared with the insurance system,the oil pollution fund system is a system that better reflects the social sharing of compensation.Chapter 8,"The Reconstruction of China’s System under Two-tier Rationale of Liability System".By summarizing the main issues in Peng Lai oil pollution accident under China existing system,this thesis comes to the conclusion that“Two-tier Rationale of Liability System" should be the logical foundation to construct the legal system of offshore oil pollution in China.Adopting the mode of comprehensive legislation to govern ship-source pollution and pollution caused by rig and other offshore facilitie in Chian could help to deal with challenges arising from oil pollution accidents more effectively.As to the limitation on compensation based on strict liability,considerations should be given to China’s oil industry,the insurance industry and the society as a whole.Insurance system and compensation funds system also need to cover ship-source pollution and pollution caused by off-shore facilities.Chapter 9,“Conclusion".This chapter summarizes the main points and innovations of this thesis.