Study on the Application of CLC-921 in China
CLC-92 is an international convention which stipulates the civil liability for oil pollution damage caused by ships. China is one of contracting states of CLC-92.However, China has not reached a common understanding in both theory and judicial practice on how to apply this convention, especially whether CLC-92 should be applied to purely domestic oil pollution cases. The dominant point of view holds that purely domestic oil pollution cases should be settled under Chinese law, such as the Maritime Code, Marine Environment Protection Law and General Principles of Civil Law. However, this thesis argues that, based on the principle that the treaty must be preserved, whether a convention should be applied to regulate purely domestic cases should depend on the provisions of the convention itself, as there is no explicit regulation on this issue in the Chinese Constitution or other related laws. Moreover, the purpose of the CLC is more than merely eliminating conflict of laws between countries in the field of civil liability for oil pollution damage. The CLc pursues much more than the unification civil liability law on oil pollution worldwide so as to unify judicial practice; the CLC protects the rights of victims and the marine environment. Chinas application of CLC-92 to purely domestic oil pollution cases will also improve the development of Chinese tanker fleets, protect the Chinese victims of oil pollution and consequently benefit the Chinese marine environment protection. Based on foresaid reasons, this thesis concludes that CLC-92 should also be applied to purely domestic oil pollution cases occurring in Chinese territorial seas.
CLC-92 Purely Domestic Oil Pollution cases Application of Law
CHEN Qi
Law School, 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
658-667
2009-06-04（万方平台首次上网日期，不代表论文的发表时间）