Comparative Study On Compensation For Vessel-source Oil Polution Between China And The United States

This dissertation includes five chapters.The first chapter is the introduction of vessel-source oil pollution limitation periods.Firstly,the relationship between international convention on oil pollutions and domestic law of that is introduced, namely,the application of international commercial convention that our country accede to attaches with the condition of "foreign factors".Hence,the International Convention is only applicable to foreign ships compensation for vessel-source oil pollution limitation periods.And in this chapter sets relevant concepts related to vessel-source oil pollution,such as ships,oil pollution and etc.Finally,the particularity of vessel-source oil pollution limitation periods is analyzed,and the characteristics which other limitation periods missed are discussed in detail.The second chapter compares the law application scope of vessel-source oil pollution limitation periods between the United States and China.1990 Oil Pollution Act regulates that vessel-source oil pollution limitation periods including damage, removal costs,contribution and subrogation.However,there is no specific law governing the vessel-source oil pollution and no systematic regulations about oil pollution of ship in China,which result that its scope of application in our country is relatively narrow.In the summary part,the author points out the defects of the scope of application vessel-source oil pollution limitation periods in our country,and analyzes the rationality and maneuverability of the scope of application of the vessel-source oil pollution limitation periods in the 1990 Oil Pollution Act.The third Chapter compares the regulations about the starting point of vessel-source oil pollution limitation periods between the United States and China.Because the application scope of vessel-source oil pollution limitation periods regulated in 1990 Oil Pollution Act is wide,the legislation mode that setting different starting points for different claims is adopted.However,the general regulations are adopted in China, which means the claim related to vessel-source oil pollution is calculated since the date of the pollution occurred.Though the calculation mode of the starting point in China is consistent with the provisions of the accession to the International Covenant,the right of obliges can not be protected fairly and effectively sometimes. The fourth chapter introduces the regulations about the legal causes of the suspension and interruption in the vessel-source oil pollution limitation periods in the United States and China.The regulations of the legal causes of the suspension and interruption are relatively few.While the regulations on limitation periods in China and the United States are basically consistent,and the limitation periods are both three years for the vessel-source oil pollution claims.At last,some detailed advices are provided for the vessel-source oil pollution limitation periods in China.Contrasted to 1990 Oil Pollution Act,the system disadvantages of the vessel-source oil pollution limitation periods such as the applicable range being narrow and sometimes the calculation mode being irrationality are obvious. Moreover,the rational length of the vessel-source oil pollution limitation periods, namely the rationality and feasibility of extending length of vessel-source oil pollution limitation periods for foreign ships are also bring forward in this dissertation.