The Legal Research As To The Compensation For Ship Oil Pollution Damage

With the rapid development of the shipping industry, oil pollution incidents also increased, which brought about significant damage not only to the marine environment but also to the interests of persons related to the marine environment. As a maritime power, our country also is facing more threat of ships oil pollution damage. Therefore, in addition to strengthen the corresponding preventive measures, compensation for ship oil pollution damage is the effective way to protect marine environment and the interests of victims of ways. Regrettably, however, our country has no the special legislation of compensation for ship oil pollution damage until now. How to perfect our law system of compensation for ship oil pollution damages, to enable it to play its due role and achieve the desired objective is our current major issue we are facing.To begin with, the article introduces the main legislation in brief, such as International Convention on Civil Liability for Oil Pollution Damage,1969, International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1971, US The Oil Pollution Act (OPA) of 1990, Canada the Navigation Haulage Bill for amendment . We have known the main content of the law system of compensation for ship oil pollution damages, including applicable scope, the identification of liability, the compensation scope, the oil pollution insurance system and the compensation fund system for oil pollution. And we obtain the legislation tendency of the law system of compensation for ship oil pollution damages through analysis.Taking this as the reference, this article analyzes the foreign legislation and trend, and focuses on the current status of the damage and compensation for ship oil pollution and its underlying causes. Under these , the author points that the inadequate of law system of compensation for ship oil pollution damage is the main reasons to cause the oil pollution damage seriously and compensation for ship oil pollution damage insufficiently . So, it is the top task to perfect the law system of compensation for ship oil pollution damage as soon as.Owing to the difference for compensation for ship oil pollution damage in the theories field and judicial circle. And take the overseas correlation legislation as the reference, the author points out our country in the law system of compensation for ship oil pollution damage urgently needs perfect the following several aspects at present.First, the applicable scope of compensation for ships oil pollution damage system. The author analyzes the overseas correlation stipulation and our country's realistic national condition in the part, and elaborates own standpoint from the applicable ships, the applicable oil class, the applicable geography scope three aspects separately.In consideration of the particularity and the seriousness of the oil pollution damage, the author defined the "Ships" as any sea-going vessel and any sea born craft of any type whatsoever, actually carrying oil in bulk as cargo. But for the oil, it does not neglect that non-persistent oil to the marine environmental harm. So we suggest that it should include durable oil and non-persistent oil at the same time, and give the different rules and regulations to them. Moreover speaking of the applicable geography scope, since we want to perfect the national law, it should include the inland river and the inland lake.Second, the identification of liability for oil pollution damage of the colliding shipThe identification of liability for oil pollution damage of the colliding ships is discussed more. The author analyzes two kinds of legal relationships-ships collision legal relationship and ship oil pollution legal relationship in the accident of oil pollution damage of the colliding ships, and draws a conclusion of"who leaks oil, who compensates".Third, the compensation scope of ship oil pollution damage.It is disputed mostly in theories field and judicial circle. There are two focal questions: the property of clean-up expense and the compensation of the medium and long-term fisheries. The author attributes the clean-up expense to the civil liability category; and the medium and long-term loss in the fishery resources, the author also approved to take it into the compensation scope.Moreover, the author analyzes the economic losses and environmental emphatically. And pointed out sues for the pure economic losses must hold a careful attitude. But regarding the compensation for environmental, should differentiate the environment damage with the economic value and the environment damage without the economic value. Regarding the environment damage without the economic value, its compensation scope is supposed to limited to the costs of reasonable measures of reinstatement actually undertaken or to be undertaken.Finally, the author notes that the absence of the oil pollution insurance system and the compensation fund system for oil pollution damage is one of the causes of current status of damage and compensation for oil pollution, and proposes the specific elements to establish the system.In short, the law system of compensation for ship oil pollution damage is the effective guarantees to reduce damage and to protect the interests of victims and the marine environment after the accident. It is this paper's purpose perfects it to enable it to play its due role and achieve the desired aim.