A Study On The International Legal Liability Of Marine Pollution

With the development of globalization,environmental pollution has also become an international problem from the domestic problems of various countries.Marine pollution is one of the most noticeable aspects.With the gradual exhaustion of land resources,oceans have become a new focus for all countries.While the ocean provides a large number of biological resources,mineral resources and energy for human beings,it has also been seriously polluted,triggering a serious chain reaction.El Nio,red tides,tsunamis and other phenomena are natural warnings to mankind.The international community must take action to control and prevent marine pollution.Who should be responsible for marine pollution,and who should be responsible for the control and prevention of marine pollution has become a heated debate and discussion.The first part of this paper interprets the concept of marine pollution and international legal liability,and analyses the relationship between them.The development of international legal liability is affected by the environment.The legislation of marine pollution also plays a direct role in the development of international legal liability.The second part of this paper interprets three kinds of international legal liability for marine pollution damage,and summarizes its legal origin,liability principle and liability form.The first is the responsibility of the state,which is based on the traditional point of view of the state responsibility and holds that the state should be responsible for the marine pollution caused by the violation of international law.The second is the responsibility of the state to compensate for the marine pollution,which is not only a violation of international law,but also a large number of acts permitted and not prohibited by international law.It is not enough to rely solely on the traditional state responsibility to pursue the responsibility.The third is international civil liability,which is more effective than the other two kinds of liability and can compensate the victims of marine pollution in time.The third part of this article analyses the advantages and disadvantages of the three kinds of international legal liability.The role of state responsibility in certain events is irreplaceable,but the scope of application of state responsibility is narrower and the process is longer.State liability attempts to expand the scope of regulation and cover the damage caused by acts not prohibited by international law,but in practice most of the liability is compensated.The operator is the main body,and the state liability for compensation is only applied in pollution-induced accidents in outer space.Academics believe that the state liability for compensation for marine pollution-induced damage is only a good idea.In recent years,international civil liability has become the mainstream,with remarkable advantages of high efficiency,short process and quick claims,but the international civil liability treaties related to marine pollution are better than those related to marine pollution.Loose,concentrated in nuclear energy,oil and other specialized areas,lack of uniform norms.The fourth part of this paper looks forward to the development direction of international legal liability for damage caused by marine pollution.It holds that national liability for compensation has its historical limitations and should be completely replaced by international civil liability to form a parallel model of national liability and international civil liability.State responsibility represents the way of dealing with public international law,and international civil liability represents the way of dealing with private international law.When the operator's civil liability exceeds the limit,it is compensated by compulsory insurance and related funds.