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The Research Of Chinese Ship Oil Pollution Limintation Of Liability In The International Law

Posted on:2012-02-15Degree:MasterType:Thesis
Country:ChinaCandidate:Q F MengFull Text:PDF
GTID:2166330335988616Subject:Law
Abstract/Summary:PDF Full Text Request
The world oil shipping industry has accumulated a lot of experience in dealing with the ship oil pollution accidents. Many countries have developed their own legal system to solve the problems about compensation for the oil pollution. Also the international society has created some important international conventions to solve this problem.First this thesis wil introduce the developing history of the international conventions in this area, also it will list the important Chinese laws and administrations in this area and analyze the differences between Chinese laws and international conventions.This part serves to supply analysis instruments in the following cases.Following are several typical oil pollution limitation of liability cases analysis in Chinese courts. In this part the thesis will analyze the judical logic of the courts and show the applications of the international conventions in the Chinese judical practise. It will be divided into two parts, the ship oil pollution cases without foreign elements and with foreign elements. In these cases cases without foreign elements, courts in different places and of different judicial levels judge differently based on their understanding of the same international conventions and Chinese laws and admininstrations. Here this thesis will focus on the judicial logic between the lines of the verdicts, try to analyze the different considerations of these courts.At last this thesis will foceast the development of the Chinese oil pollution limitation of liabilty law system and make suggestions to keep the consistent of the legal system and the judicial practise. It will include to attend the internationsl conventions completely, establish the national oil pollution fund and so on.
Keywords/Search Tags:Ship, Oil Pollution, Limitation of Liability
PDF Full Text Request
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