Damage Compensation for Marine Ship Oil Pollution

Abstract

SUMMARY The purpose of this paper is twofold One is to stipulate the sea pollution law of China's marine oil pollution damage compensation system and to introduce and recommend the law Secondly in order to achieve the effect of deterrence in the special infringement incident of marine vessel oil pollution how should the scope of application of punitive damages be defined and how the calculation of punitive damages can be used to exert punitive damages deterrence effect In order to achieve the above objectives this paper is based on the definition of marine and marine pollution the classification and change of marine pollution sources and the introduction of the theory of compensation for ship oil damage On this basis we will examine the gaps in the norms of marine pollution prevention and control and then the international norms Compare and analyze with the marine pollution prevention and control law In addition starting from the legal basis of punitive damages and the purpose of protection the answer obtained after clarification is taken as the basis of the theory to the subsequent discussion of punitive damages Key word: Marine pollution prevention and control law、Marine ship pollution、Scope of damages、Punitive damages INTRODUCTION The case of marine oil pollution is different from other general infringement incidents Because oil pollution itself is characterized by proliferation difficulty in removal and indirectness once the impact of an accident often involves various economic and non-economic losses this kind of intergenerational justice Public nuisance behavior whether the traditional damage compensation system is sufficient to effectively compensate Write this article in addition to the marine pollution prevention and control law on marine marine oil pollution damage compensation specifications to examine but also to achieve the deterrent effect to avoid the intention of the ship owner Or gross negligence polluting the sea Under certain conditions there should be a punitive damages application As for how the scope of application of punitive damages should be defined and how it is used it is one of the important contents of this paper MATERIALS AND METHODS In order to explore the problems raised in this paper the literature analysis method and the comparative research method are the main research methods adopted in this paper The literature analysis method mainly discusses the theory put forward by the historical texts and draws on the structure that is helpful to this paper and gradually builds the structure of this paper The comparative research law is to compare the civil damage compensation convention for marine ship oil pollution the US oil pollution law and the Republic of China regulations According to this it is suggested that the marine pollution prevention and control law should be revised RESULTS AND DISCUSSION First of all through the discussion on the pollution incident of the Colombo Queens tanker in 2009 we examined whether the Marine Pollution Prevention Law of China is sufficient for the follow-up compensation standard of the event the main body of responsibility the basis and limitation of liability the scope of compensation and the direct right of action Whether the norms of important liability for damages are specific and the scope of compensation is the point of constant dispute in the case at all levels of the court After experiencing a large number of marine vessel oil pollution cases China has found that the marine pollution prevention and control law has neither the scope of damage nor the claim that the subject of the rights is unknown whether the shipowner has claimed that the limitation of liability is unclear and whether the shipowner has advocated that the exemption is not clear In the absence of this in accordance with the legislative purposes of the Marine Pollution Prevention and Control Law this article refers to the US Petroleum Pollution Law the Civil Liability Convention for Oil Pollution Damage and other practical judgments on marine oil pollution damage compensation and proposes to amend China's marine pollution prevention and control law to include “damage compensation” Proposals for amendments to the scope and claims of claimants "exemption of liability items" and "clear responsibility limits" Furthermore in order to deter ships from polluting our country's waters and fulfilling our management responsibilities this paper also explores the feasibility of introducing a punitive damages system into China's marine ship pollution cases and is necessary for "the need for punitive damages " The defendant must be vicious and "the plaintiff must prove that there is damage" and a certain percentage of the punitive damages will be awarded The compensation amount will also be used in the promotion of pollution monitoring equipment ecological rehabilitation purposes and the marine environmental database Establish other marine environmental protection projects and review the revision of the punitive damages system to the Marine Pollution Prevention and Control Law with a view to making the Marine Pollution Prevention and Control Law specifications more detailed and in line with important international regulations CONCLUSION In order to solve the inadequacies of laws and regulations related to the prevention and control of marine pollution this paper refers to the International Convention on Civil Liability for Oil Pollution Damage in 1969 the International Convention on Civil Liability for Fuel Pollution Damage in 2001 and the US Oil Pollution Law and refers to the scope of internationally important oil pollution damage claims In the case Article 33 of the Law on the Prevention and Control of Marine Pollution details the scope of damages the claimant and the limitation of liability In the case of insufficient effectiveness of the damages the judicial practice should be allowed to provide additional compensation for the owner of the ship and other responsible subjects namely the “punitive damages” referred to herein The ratio of single digits is the benchmark However the ratio should not have a fixed upper limit to avoid detracting from the design of the punitive damages system

Date of Award	2019
Original language	English
Supervisor	Jing-Huey Shao (Supervisor)