A Case Study in Causation Analysis — To Identify the Responsible Party for Oil Pollution Damage Caused by Bilateral-Fault Ship Collision
Among the scholars, lawyers and judges in the Peoples Republic of China, there has been an endless debate and confusion over whether non-oil-spill ship should assume liability for the oil pollution damage caused by bilateral-fault ship collision. This paper takes the perspective of causal relationship between ship collision and oil pollution damage to find a sound solution to the above controversy. The aim of this paper is to explore an effective approach to identifying whether non-oil-spill ship shall be responsible for oil pollution damage caused by bilateral-fault ship collision. The analytical and organizational approach of this paper is in four parts. First, it takes the case of Min Ran Gong No.2 as an example, and the key unresolved issue is identified. Second, it suggests an approach to analyzing causations in the case using the Causation-in-Fact/Proximate Cause Dichotomy at common law. Causation-in-fact, proximate cause and the analytical process are discussed. Third, applying the suggested analysis, the author steps back to analyze the causations in the case in light of the Causation-in-Fact/Proximate Cause Dichotomy. Finally, it determines causations in the case and reveals that non-oil ship shall not be responsible for oil pollution damage caused by bilateral-fault ship collision. This paper offers some valuable references to the improvement of Chinese relevant legislations and some theoretical underpinnings to the maritime judicial practice.
Causation-in-Fact Prozimate Causation Ship Collision Oil Pollution
Zheng Xiaozhe Fei Hongda
Dalian Maritime University Law Department of Dongbei University of Finances and Economics
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
648-656
2009-06-04（万方平台首次上网日期，不代表论文的发表时间）