On the Application of Law in Compensation for Oil Pollution Damage from Ships-From the Point of View of Private International MARITIME LAW
As the oil pollution damage from ships increases, correlative legal issues also mount up. However, international conventions and countries domestic laws just unify the solution of compensation for oil pollution damage from ships to a certain extent. There are often legal conflicts and difficulties in its application of law. It is reasonable for the existence of conflict law in this field. For the above reasons, this paper, from the point of view of private international maritime law, analyzed the application of law, trying to strike out in another direction to solve the above problems. In oil pollution cases, Locus delicti is often the place of the forum, which supplies an appropriate condition for the application of Lex loci delicti and Lex fori. The law of benefit to victims shall also be applied, since it caters for the value orientation of the compensation. There is not a complete legal system of compensation for oil pollution damage from ships with foreign elements in China so far. While international conventions cannot be applied, the method of conflict law, such as the application of Lex loci delicti and Lex fori, to be specific, may also be helpful for China to complete its correlative legislations.
Oil Pollution Damage from Ships Application of Law International Convention Conflict Rule
Liu Jiawe
Master of Laws, Dalian Maritime University
国际会议
Intl Conference on Marine Pollution Liability & Policy(国际海洋油污会议--海洋污染责任与政策国际研讨会)
大连
英文
742-751
2009-06-04（万方平台首次上网日期，不代表论文的发表时间）