Comparative Research On Legal Issues Of Compensation For Oil Pollution Damage By Ships In China And Vietnam

With the development of the shipping industry,Vietnam is also facing the problem of marine environmental pollution caused by oil spills from ships.However,there are still many limitations and deficiencies in the process of dealing with these problems in practice,among which the biggest limitation is the incomplete legal system of compensation for oil pollution damage of Vietnamese ships.In this paper,I study Chinese and Vietnamese ship oil pollution damage compensation law,limitation of liability,and the main responsibility of compulsory liability insurance and to determine the range of compensation and other related content,on the analysis of and comparison between China and Vietnam after the provisions of the domestic legislation,summed up the deficiency of the law,finally combined with international conventions and the practice of China for the perfection of the Vietnamese ship oil pollution damage compensation law I put forward reasonable Suggestions.The main contents are as follows:Firstly,this paper makes a comparative analysis of the legal origin of oil pollution damage between Chinese and Vietnamese ships,introduces the accession of China and Vietnam to the international conventions and the current status of domestic legislation,and analyzes the differences between Chinese and Vietnamese legislation on ship oil pollution damage compensation.Secondly,from the provisions of the international conventions and the domestic laws of China and Vietnam,this paper makes a comparative analysis of the liability subject of oil pollution damage on ships,summarizes the deficiencies of Vietnam in the second liability subject,and probes into the feasibility of Vietnam's accession to the 1992 fund convention,and puts forward some suggestions for improving the compensation fund of oil pollution damage on ships of Vietnam.Furthermore studied in domestic law related to shipping the content of the conditions and scope of compensation for oil pollution damage waiver,summed up the fault caused by Vietnam law to the third party liability against oil pollution damage conditions and pure economic loss did not make clear a regulation,in reference to the international convention on China's domestic laws and regulations on the basis of combining the situation of Vietnam to puts forward some Suggestions to perfect relevant legislation.Finally,combined with the two countries in the domestic legislation of Marine oil pollution damage compensation liability limitation and the regulation of compulsory liability insurance,the comparative analysis of Vietnam's domestic legislation vulnerabilities,and from the fuel and non-persistent cargo any limitation as well as the compulsory liability insurance for ships,oil,and insurance line several aspects of improving Suggestions on Vietnam's domestic law.