Who Shall Pay: When Controlled Salvage is Also Pollution Prevention Measure
Coastal authorities usually will intervene in marine pollution accident handling process. Intervention measures conducted in such process will touch upon the rights and obligations involving a series parties, inter alia, when salvage company controlled by local authority transfers away cargo oil from the distressed vessel, the expenses incurred may constitute the cost of preventive measures under CLC1992, and may also match the conditions of salvage expense under International Convention On Salvage 1989. Combining with a relevant court case judged in China court, this paper will mainly focus on the differentiation of them, and finally, a comment on the oil pollution damage compensation system under China law will be made.
Marine pollution accident preventive measures controlled salvage
Yuan shaochun
Law School of Dalian Maritime University, member of Institute of Maritime Law of DMU
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
623-629
2009-06-04（万方平台首次上网日期，不代表论文的发表时间）