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On The Application Of Law Of Compensation For Oil Pollution Damage From Offshore Oil Exploitation

Posted on:2021-02-09Degree:MasterType:Thesis
Country:ChinaCandidate:S M WeiFull Text:PDF
GTID:2381330629454073Subject:Law
Abstract/Summary:PDF Full Text Request
As China's urbanization process continues to advance,the demand for energy continues to rise.Today,the development of marine resources is becoming more and more important as terrestrial resource development approaches saturation.As a big ocean country,China is increasingly mining offshore oil.However,due to the complexity of the marine environment,once oil spills occur,it will have a huge impact on the surrounding ecological environment and the production and life of the residents.In June 2011,Bohai Oilfield suffered an oil spill as the largest offshore oil field in China.The accident is reminiscent of an oil spill in the Gulf of Mexico in 2010.Both accidents were called major catastrophic accidents in human history.The two not only occur in similar time,but also occur in the coastal waters of their own countries,and they are all caused by mistakes in offshore oil development operations.Therefore,it has attracted a lot of attention from scholars at home and abroad,and scholars have revealed many problems in the legal application of oil pollution damage compensation caused by offshore oil exploitation in China.Therefore,under the premise of fully understanding the applicable law system for oil pollution damage compensation in the United States,China should take its essence and improve the legal application mechanism for oil pollution damage caused by offshore oil exploitation.In addition to the introduction and conclusions,the article mainly includes the following three parts: The first is the introduction of oil pollution damage cases for offshore oil exploitation.This part mainly introduces the basic situation of China's Bohai Bay oil spill accident and the oil spill accident in the Gulf of Mexico,and draws the theme of this paper through comparative evaluation.The second is based on the situation of private interest litigation,combines with the aforementioned case introduction,describes the relevant legal theories of China and the United States,and analysis of the differences between the Bohai Bay oil spill accident and the oil spill in the Gulf of Mexico in the four aspects of the legal basis,plaintiff's qualification,responsibility subject determination and damage amount identification from the perspective of private interest litigation,and leads to problems in the process of handling relevant cases in our courts.Finally,based on the above analysis,the corresponding suggestions for improving the legal application of oil pollution damage compensation cases for offshore oil development are proposed in China.
Keywords/Search Tags:Offshore oil exploitation, Environmental pollution, Penalty for damages, Legal application
PDF Full Text Request
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