Research Of The Liability Of The Non-leaking Party Concerning Oil Pollution Resulted From Collision Of Ships

How to distribute the liabilities regarding of oil pollution damage resulted from the collision of ships is a controversial issue. There are a few general regulations about it in international conventions and domestic laws. This leads to the dispute and controversy in practice. Furthermore, as to the issue discussed in this thesis that the collision of two ships resulting in one of them a leak of the oil cargo, there is few regulations about the question that if the non-leaking ship should take the responsibility of oil pollution and how to take the responsibility. Most scholars also take attention on the leaking ship and ignore the responsibility of the non-leaking party.As upon said, the issue discussed in this thesis is a controversial one, it is inevitable to quote the viewpoints and theories of some scholars. Firstly, the writer compares and analyzes the viewpoints and theories; then, combines them with the practice of our country; finally, reach the conclusion. In the structure, this thesis is composed of four chapters.Chapter one analyzes the relationships between the collision of ships and oil pollution damage and quotes the related theories. The writer agrees the traditional theory of consequential cause and effect relationship, and presumes that the collision of ships and oil pollution damage are two issues.Chapter two lists and analyzes the related regulations, which contains international conventions, domestic laws, administrative statutes and meeting summary, and so on. The writer attempts to find out the reference law of the non-leaking ship and the regulations of them. Upon discussing, we can conclude that, in one way, there are many disputes about the applicable laws; in the other way, even they can be applied, there are a few conflicts between them, and they are very simple. The writer supports the regulations of the second meeting summary of the foreign-related commercial and maritime trial.Chapter three is the keystone of this thesis. In this chapter, the writer lists the prejudgments in our juridical practice concerning the collision of ships resulting of oil pollution damage. The prejudgments contain three types. At last, the writer concludes the right way which suits for our country.Chapter four discusses the rationality and the limitation of the "on polluter pay" principle. The writer think there must be some breach of this principle.