Overview of Hot Issues of Compensation Scope of Vessel-induced Oil Pollution Damage
Although international conventions and domestic laws set out many provisions regarding compensation for vessel-induced pollution damage, the persons liable and the claimants usually have arguments on the scope of compensation. There are various hot issues regarding the scope of compensation in judicial practice. The claims regarding vessel-induced sea pollution mainly include claim for sea-farming loss and fishing loss made by ordinary fishermen, claiM for costs of oil clean-up measures made by Maritime Safety Authority and the companies authorized thereby to do the clean-up work, claim for loss of fishery resource made by Fishery Authority and claim for loss of ocean resource made by Ocean Authority. As for sea-farming loss and fishing loss made by ordinary fishermen, the inversion of burden of proof and the types of loss are the main issues under argument. In comparison with fishermens claim, the claims from the authorities are more complicated. As for the claims for costs of oil clean-up measures, the nature of the costs in legal sense, the identity of the party to bear the compensation liability and the ascertainment of the amount of the costs are the unavoidable issues. As for loss of fishery resource, the well-known hot arguing point regarding said three times economic loss or medium and long-terM loss of natural fishery resource is put forward in almost every case and the new national standard regarding this issue may have influence on the same. As for loss of ocean resource, there was no detailed appraisal basis in the past. Ocean Authority worked out trade standard to set out some provisions in this connection. The scope of compensation set out in some main conventions, laws or other documents, such as Fund Claims Manual, is discussed herein. The authors also analyze the viewpoints and opinions of different parities, such as the claimants, the persons Liable and the courts, so as to get a all-sided image of the issues.
vessel-induced pollution scope of compensation fishery resource ocean resource measures of reinstatement inversion of burden of proof
M.Q.Zhu Wang Wei
Lawyers of Liaoning Heng Xin law Office
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
118-128
2009-06-04（万方平台首次上网日期，不代表论文的发表时间）