Research on Strengthening China's Economic Losses from Ship Oil Pollution Based on Compensation Mechanisms
DOI:
https://doi.org/10.54097/p9qrcz57Keywords:
Legislation, Oil Pollution Fund, Compensation System, Responsible Party.Abstract
The oil pollution compensation system in China was established late, and the design of the legal system is not perfect, which exposes many problems in the practice of claim settlement. This paper analyzes the present situation and problems of compensation mechanism for oil pollution damage from ships in China, and draws lessons from the legislative experience of Canada and the United States, and puts forward some suggestions for improvement. The specific contents include the legislative status and existing problems of compensation for oil pollution damage from ships in China, the relevant legislative status of representative countries, the comparison of three major international compensation systems, and the legislative choice and specific system suggestions of China. By using the method of literature analysis, this paper systematically analyzes the legislative status, advantages and disadvantages of compensation for oil pollution damage from ships in various countries through the study of relevant legal documents and practical cases at home and abroad. Through comparative study and drawing lessons from international experience, it is suggested that China adopt a dual-track compensation mechanism.
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[1] Wang Jia. Discussion on the dispute over the application of law to compensation for oil pollution damage caused by non-foreign-related persistent oil ships in Chinese waters [J]. The Pearl River Water Transport, 2020 (16): 83-85.
[2] Shen Jun. The application for adding the executor to the ship oil pollution damage fund-China Ship Oil Pollution Damage Claims Center applied for adding the executor [J]. Navigation, 2023(04):11-15.
[3] Wang, L. Highlights of environmental pollution and ecological destruction in civil code. Guangdong Social Sciences, 2021. (1) 216-225.
[4] Dong, B., & Zhu, L. Civil liability and compensation for damage in connection with the carriage of hazardous and noxious substances: Chinese perspective. Ocean Development and International Law, 2019. 50(2-3), 209-224.
[5] Li Wenwen. On the necessity and feasibility of China's ship oil pollution damage compensation fund for inland waters and inland ships-from the perspective of the Yangtze River basin [J]. Haida Law Review, 2022(00):137-151.
[6] Yang Cheng. Research on the compensation system for oil pollution damage of ships under the revision of maritime law [J]. China Maritime Affairs, 2022 (09): 64-68.
[7] Shen Jun, Cenqi. Construction of judicial connection mechanism of China oil pollution compensation fund-from the perspective of the first subrogation case of oil pollution compensation fund in China [J]. Essays on Business and Law, 2020, 5(01):153-160.
[8] Wang Jia. Discussion on the dispute over the legal application of compensation for oil pollution damage of ships carrying persistent oil in China waters [J]. Pearl River Waterway, 2020 (16): 83-85.
[9] Pan Pai. Research on the liability system of oil pollution damage caused by ship collision in China [D]. Jiangnan University, 2023.
[10] Qu Hongling. Research on the limitation of liability for compensation for ship cleaning fees [D]. Zhongnan University of Economics and Law, 2019.
[11] Zhang Zheng Research on the Legal Status of the Mainland China's Oceangoing Islands System [D]. Wuhan University, 2022.
[12] Dao Changxin. International Law Issues of Ship Oil Pollution Control in Arctic Sea Area [D]. Foreign Affairs University, 2020.
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