Compensation for Oil Pollution Damage: China Versus the International Regime
Michael G. Faure
University of Maastricht - Faculty of Law, Metro; Erasmus University Rotterdam (EUR) - Erasmus School of Law
Asia Pacific Journal of Environmental Law, Vol. 9, No. 1, 2005
This paper discusses important features of the international conventions regulating the compensation of oil pollution damage, more particularly the limitation of the liability of the tanker owner and the additional compensation provided through the IOPC Fund. The paper sketches the historical evolution of the conventions since their origin in 1969 until the latest amendments in May 2003. In addition, the compensation of victims of oil pollution in China is discussed, whereby it is stressed that China has acceeded to the CLC conventions, but has not implemented those in national law. The lack of compulsory insurance of tanker owners and the fact that China is not a party to the fund convention are critically discussed. A comparison between the international regime and Chinese law is provided. The paper concludes with a few policy conclusions and suggestions to improve the compensation of oil pollution damage in China.
Number of Pages in PDF File: 38
Keywords: marine pollution, civil liability, financial caps, compulsory insurance, compensation fund
JEL Classification: K32Accepted Paper Series
Date posted: January 22, 2008
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