Study on the Parties Liable for the Oil Pollution Damage from Vessel between China and European countries
As one kind of tort, the oil pollution damage from vessel is a special maritime tort. The international conventions on civil liability have been made to adjust such kind of tort and effective compensation regimes have been formed. Some countries have also constituted their own legal system. There exists a hot debate as to who are the subjects directly liable for the oil pollution damage from vessel. It is of necessity before ascertaining the subject of liability for oil pollution damage from vessel, to firstly examine the application of law, meaning ascertaining whether the international convention or the certain law of the certain country is applicable to the particular case. Then in the light of the liability clauses prescribed under the applied law, the subject of liability shall be determined. This essay, on the basis of the current legal systems of China and part of European countries such as UK, Holland, Norway, attempts to explore the application of law regarding the oil pollution damage from vessel and the issue concerning the subjects of liability as well. At last,the author also discusses the limitation of liability of civil subject for oil pollution damage from vessel under the different circumstances.
oil pollution from vessel application of law the subject of liability the limitation of liability
Liu Anning
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
538-553
2009-06-04（万方平台首次上网日期，不代表论文的发表时间）