Study On The Legal Problems Of The Compensations For The Oil Pollution Damage By Offshore Drilling Platforms

So far, oil is still the most important source of energy for human survival and development. However, the land-based oil exploration has gradually difficult to meet the demand of rapid development of human society; meanwhile the offshore oil exploration and development activities flourished. However, with the deepening of the exploration waters, oil spill accidents have come one after another which has made the marine environment and human society suffered a great disaster. Gulf of Mexico Deepwater Horizon occurred on April20,2010shocked the world. Moreover the subsequent processing of this accident has showed the systematic and the maturity of the relevant American law and exposed inadequacy of it, which caused widely discussed by the international and domestic legislation of States and academia. In contrast, the emergency treatment and the work of compensation and restoration for oil spill of China’s Bohai Penglai19-3oil field occurred in June2011, has exposed serious deficiencies of the relevant legislation in China and supporting mechanism is extremely imperfect. The paper makes a relatively comprehensive analysis of the legal problems of the compensations for the oil pollution damage by offshore drilling platforms from the macro, in order to play a valuable role in the future research on these legal issues and relative legislative work.The introduction of this thesis proceeds from the background and significance of the subject of study on the legal problems of the compensations for the oil pollution damage by offshore drilling platforms. The formal section of the paper is divided into seven parts. The first part of the generally describes a number of basic legal issues related to the compensations for the oil pollution damage by offshore drilling platforms, specifically including the introduction of the meaning and characteristics of the offshore drilling platforms of, the definition of the property of the platform, the elaboration on the status quo of the oil pollution damages by platforms, the analysis of the status quo of legislation at home and abroad of the compensations for the oil pollution damage by platforms, etc. Respectively, from the principle of imputation, limitation of liability, the responsible party, the scope of compensation, compulsory insurance and the compensation fund of the compensations for the oil pollution damage by offshore drilling platforms, Parts Ⅱ to Ⅵ, through the interpretation of the relevant international conventions and the comment on OPA90, combined with the relevant theory, focuses on all aspects of controversial issues in theory and practice, and thus gives a number of proposals in the legislation for the compensations for the oil pollution damage by offshore drilling platforms in China.