Some Questions in Compensation for Damages Resulting from Oil Pollution —the Ezperience of the U.S. and Its reference to China
The OPA1990 has abrogated the basic legal principle that losses without physical damage to property can not be recovered, and allowed compensation for a wide range of pure economic loss. There are two features of the U.S. regime in compulsory insurance: one is that more vessels are required to establish financial responsibility; the other is that many methods can be accepted as financial responsibility. Under the U.S. regime of fund for oil pollution, the limitation amount for one oil incident is very high, and the fund is available for the payment of various claims. China has become a country with large amount of oil transportation, marine-related industries and the marine environmental protection are more and more important. The relevant situation in China is more and more similar to thereof in the U.S., and the experience of the U.S. becomes a valuable reference to China. China should provide for recovery for pure economic loss resulting from oil pollution. Tankers less than 2,000 tons of international transportation, all tankers of inland transportation and other vessels less than 1,000 gross tons should be required to maintain compulsory insurance by a number of methods in China. Also, it is the time to establish the regime of fund for oil pollution in China.
the U.S. Oil Pollution Compensation for Pure Economic Loss Compulsory Insurance Fund Reference China
LI Tiansheng HAN Linxin
Law School of Dalian Maritime University, Dalian, 116026, China Dalian Maritime University, Ph. D. in Law, Ph.D Supervisor, the Director of Maritime Law Department,
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
561-572
2009-06-04（万方平台首次上网日期，不代表论文的发表时间）