Revisiting the Chinese legislation on compensation for marine ecological damages: lesson learned from 2011 Bohai oil spill
The 2011 oil spill in Bohai Bay caused widespread attention in China.Legislation on the protection of marine environment was therefore challenged by the Chinese society.This article firstly probes the background and the compensation agreement of the Bohai oil spill accident, and then looks into the current legislation on marine ecological damages in China.Bearing other marine maritime pollution accidents like Gulf of Mexico oil spill in mind, this paper provides detailed comparative study and detailed analysis about the legal problems of Bohai oil spill, i.e.,definition of ”marine ecological damage”, the qualified parties to claim for the damages, the scope of compensation, the compensation limits and the evaluation criteria.After pointing out the legal loopholes which were disclosed during the negotiation about the compensation plan between State Oceanic Administration and the COPC from 2011 to 2012, the last part draws conclusion on the consideration and Inspiration for the legal framework of Compensation for Marine Ecological Damages after the Bohai Oil Spill.
Bohai Oil Spill China” Marine Environmental Protection Law Compensation Claims on Marine Ecological Damages
Dan Liu
Law School, Shanghai Institute of Foreign Trade(P.R.China)
国内会议
杭州
英文
236-251
2013-05-13（万方平台首次上网日期，不代表论文的发表时间）