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The Study On Some Legal Issues Of Vessel-Source Pollution Damage Compensation In The Inland River

Posted on:2011-05-09Degree:MasterType:Thesis
Country:ChinaCandidate:W W ZhangFull Text:PDF
GTID:2121360302499450Subject:Science of Law
Abstract/Summary:PDF Full Text Request
As our country lays more emphasis and support on inland river navigation, there are more various ships in the inland waterway channel. However, the increasing ships also bring serious pollution to the inland water area, such as accustomed pollution and accidental pollution, and cause bad affect on the residents'daily life. Detailed prescripts that how to compensate for the pollutions to the inland water caused by the ships are not ordained in the current jurisprudence. So there is a lack of law support in the maritime practice. The paper is focused on how to compensate after the inland water pollution caused by the ships.Based on the jurisprudence, law and economics, tort law, science of environment and natural resources protection law, the paper mainly analyzes the damage compensation of inland water pollution caused by the ships, and empirical analysis, contrast analysis, regression analysis are used. Firstly, the paper summarizes focal disputes on the current compensation system about inland water pollution caused by inland ships. The ship area, civil compensation, evaluative procedure of the biology damage, limit of obligation, and diffusion of responsibility about compensation for damage are mainly discussed.After analysis, compare and summarization, some viewpoint is achieved. Firstly, in the current legal system of inland navigation, the ship extension is wider than the range set by the Maritime Law, and the appropriate types of ship are multifarious. Secondly, during the biology damage assessment procedure, we can use the "Habitat Equivalency Analysis"and the method of receiving ability for the pollutants into inland waters to compute the different water environment capacity of the river. At last, with the diffusion of responsibility about compensation for damage of waters pollution by Vessels, we should mainly perfect the inland water maritime system through liability insurance and comprehensive ecological damage compensation mechanism.
Keywords/Search Tags:Inland Ship, Ecological Loss Estimation, Liability Limitation, Diffusion of Responsibility
PDF Full Text Request
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