| Along with the advance of human society and the development of technology, oil resources on land no longer meet the demand of human development. Therefore, developing and utilizing abundant offshore oil resources has become an important way that can be used to mitigate the oil resource shortage on land. However, in the actual practice, the frequently occurring oil spill accidents on offshore drilling platforms have brought bad impact to the marine environment. Though the international society has taken continuous effort to improve the legislation on the prevention of offshore drilling platform related oil pollution, still in terms of the overall construction of the international law, there exist many problems including the lack of operability and prospective for the content of the legislation and unspecific stipulation on international aid. In this sense, the study of the defects of the international law on the prevention of offshore drilling platform related oil pollution is of important practical significance to the improvement of the same.By analyzing the study of this topic both at home and abroad, it has concluded and summarized some viewpoints and contents that can be referred to in the future in the process of improving legislation on the prevention of offshore drilling platform related oil pollution. Taking the difference between offshore drilling platforms and vessels as its entry point, this paper has discussed the status quo and cause of the oil pollution in ocean across the world, as well as defined the offshore drilling platform related oil pollution. By analyzing the similarities and differences between offshore drilling platform and vessels, the writer has concluded that the two are not identical. Moreover, the writer has listed and analyzed different legal practice in current international society as for whether or not the offshore drilling platform can be included into the category of vessel. Furthermore, it has illuminated that the current international society has already had the conditions to establish an independent legal mechanism for the prevention of offshore drilling platform related oil pollution. On the basis of discussing the current international legislation on the prevention of offshore drilling platform related oil pollution and analyzing its defects, the writer has thereby set forth the specific principle that should be adhered to in the process of establishing or perfecting the special international legislation on the prevention of offshore drilling platform related oil pollution. Also it has put forward its suggestion on improving international law on the prevention of offshore drilling platform related oil pollution with the hope that this may provide some help to the establishment and perfection of the special international legislation regarding offshore drilling platform.The research methods include literature research method, empirical analysis method, comparative analysis method and investigation method. On the basis of concluding a considerable amount of literature data, this paper has analyzed the international law, as well as the domestic laws in some countries on the current prevention of offshore drilling platform related cross-border oil pollution, and by comparing the advantages and disadvantages between them, the writer wishes to provide some help on the perfection of international law on the prevention of offshore drilling platform related oil pollution. The innovative point of this paper lies in that it has drawn on the referable legal provisions contained in the domestic laws of some developed countries and applies them in the construction of the international law. In particular, it has first proposed to establish an international fund system that aims at preventing offshore drilling platform related oil pollution, and then it further proposes to specify the scope of international aid. As for the personal health damage and the damage of related industries caused by offshore drilling platform related oil pollution, it is suggested to stipulate different limitation of actions so as to protect the rights and interests of the victims in a better way. In addition, it has specified the international jurisdiction and has appropriately vested criminal jurisdiction in correspondence with the separate courts for marine environment disputes. |
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