A Study On The State Liability For The Oil Pollution Damage From Ships

With the development of maritime transport, marine oil pollution from ships is also increasing. At present, the international society generally devotes to solve the oil pollution damage problem through the establishment and the improvement of the civil liability regime. The author believes it is essential to establish the state liability which distinguishes from the civil liability in the field of the marine oil pollution damages. But until now, the international society has not paid enough attention to the state liability regime.The author comes to analyze this question from five chapters. Chapter one carries on the theoretical analysis from the jurisprudence angle on the state liability and points out that along with the society's development, the state liability should be adopted. Chapter two analyzes the necessity to set up the state liability in the marine oil pollution damages from both the theory and reality respects. Chapter Three adopts the way of classification to analyze the application of the state liability in different kinds of marine oil pollution damage cases and puts forwards the applicable conditions and exemptions of the state liability in marine oil pollution damages. Chapter Four combines the current legislation to describe the concrete issues of claim for compensation in the state liability regime. In Chapter Five, from the definition, fund and other aspects, analyzes how to component a perfect state liability regime in marine oil pollution damages and expounds the development direction of the state liability regime. The author hopes through the above analysis, the international community will pay more attention to the state liability and accelerate the establishment of the regime, so as to ensure the innocent victims...