Compensation for the Domestic Oil Poulltion in Chinas Coast: Which Law Shall Apply?
Although the amount of the domestic oil pollution cases in Chinas coast has seen a significant increase for the past few years, there is always a manifest confusion as to which law shall apply in a compensation dispute. In some cases, it is the domestic law; in some cases, it is the international conventions; yet in some other cases, it is the international practice that shall apply. This confusion has placed the protection of the marine environment and the rights of the parties in a very unstable situation. Moreover, it also caused extreme inconvenience for the trial. Hence the clarification of the applicable law in the compensation-related cases of domestic oil pollution in Chinas coast is of vital importance. In order to make the clarification, the author analysed several cases, critically commented the pros and cons of the application of law therein, further explored into the real causes of the current confusion, and based on these presented her own view of this situation.
domestic coastal oil spills oil pollution compensation the application of law IOPC Funds
Liying Zhang
Tutor for the doctoral students in China University of Political Science and Law
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
630-639
2009-06-04（万方平台首次上网日期，不代表论文的发表时间）