Study On The Regulations On Ship Pollution Response Agreement In China

The Regulation on Ship Pollution Response Contract is recently introduced into China, for enhancing the ship’s ability to response oil spill or hazardous pollution and promoting the contribution from cleanup corporations. Meanwhile, a special contract, i.e. Ship Pollution Response Contract is created. Its specialty results from the overlap of public law and private law. On the one hand, the administrative law prohibits its freedom of negotiation, and also the freedom to determine contents and variation of the Contract. On the other hand, it is, in essence, a contract. Therefore, the relationship between contractual parties is ruled by contract rather than the Regulation.The thesis is divided into four chapters.Chapter one represents the basic concepts derived from the regulations on the Ship Pollution Response Contract. It includes the meanings, nature and features of the Contract, followed is the relevant legal framework as well as current improvement. The authorities and their duties are also discussed.Chapter two explores the reasons behind the regulation, in order to find inner logic to the establishment of this Regulation. It seeks to ask three questions:firstly, why the authorities can regulate a civil contract. Secondly, why the authorities can regulate before the pollution happens. Thirdly, how the authorities balance the freedom of contract and environment interests.Chapter three is mainly about the relevant stipulation of administrative law, discussing the parties, contents and the implementation of the contract respectively.Chapter four discusses the shortcomings existed, followed introduced the American experience regarding the Regulation. Accordingly, the thesis gave rise to several advice in order to make some contribution to improve this new Regulation.