Study On The Scope Of Marine Environmental Damage Caused By Oil Pollution From Ships In China

Oil pollution from ships is one of the major sources of damage to the marine environment.The issue of ship oil pollution damage compensation involves multiple interests.The scope of compensation for ship oil pollution damage to the marine environment will be clearly defined,which will help further standardize the shipping economic order and better promote the protection of the marine environment.The first chapter of the article analyzes the current status of the damage compensation for oil pollution from ships in China and analyzes the difficulties and priorities.It concludes that the issue of compensation for marine oil pollution damage to marine environment in China is relatively controversy in terms of cleanup costs,pure economic losses,and marine ecological losses,which needs further analysis and verification.The second chapter of the article starts with the scope of compensation for the cost of cleaning up pollution.First of all,by dividing the nature of the decontamination costs by different circumstances,it is considered that even if the cleaning costs incurred by the compulsory cleaning activities are also of a civil nature,they should be included within the scope of compensation for the ship’s oil pollution damage.Secondly,it distinguishes cleanup costs from salvage charges,and advocates that when the cleanup behavior overlaps with the rescue behavior,it should be distinguished by following the "initial purpose principle".The third chapter of the article focuses on the issue of compensation for pure economic losses.First of all,through the combing of existing legal norms and the analysis of related theories,it is considered that pure economic losses are accountable.Secondly,it is advocated that the theory of causality should be applied when determining the scope of compensation for pure economic losses,and that typed thinking should be introduced to regulate and guide the exercise of judges’ discretion.The fourth chapter of the article discusses compensation for marine ecological losses.First of all,through a series of analysis,it is found that the traditional tort theory cannot correctly explain the problem of ecological environment damage,and believes that the problem of compensation for marine ecological losses should be studied in the context of the theory of public commons in environmental law.Second,by closely integrating the characteristics of marine ecological losses,it has been analyzed that marine ecological damage compensation should include losses during recovery.Finally,the role of contractual professional environmental services and eco-environmental tolerance should be used to determine ecological damage compensation.The fifth chapter of the article is based on the first four chapters to further summarize and comb.First of all,the factors that affect the compensation for damages from ships’ oil pollution are analyzed in a more comprehensive manner.Secondly,perfect suggestions are provided on the compensation for pollution costs,pure economic losses and marine ecological losses.