Compensation for Oil Pollution Damage: China Versus the International Regime

38 Pages Posted: 22 Jan 2008

See all articles by Michael G. Faure

Michael G. Faure

University of Maastricht - Faculty of Law, Metro; Erasmus University Rotterdam (EUR) - Erasmus School of Law

Hui Wang

KU Leuven

Abstract

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.

Keywords: marine pollution, civil liability, financial caps, compulsory insurance, compensation fund

JEL Classification: K32

Suggested Citation

Faure, Michael G. and Wang, Hui, Compensation for Oil Pollution Damage: China Versus the International Regime. Asia Pacific Journal of Environmental Law, Vol. 9, No. 1, 2005. Available at SSRN: https://ssrn.com/abstract=1086034

Yleen Simonis (Contact Author)

METRO ( email )

P.O.Box 616
Maastricht, 6200 MD
Netherlands

Michael G. Faure

University of Maastricht - Faculty of Law, Metro ( email )

PO Box 616
Maastricht, 6200 MD
Netherlands
+31 - 43 - 388 30 60 (Phone)
+31 - 43 - 325 90 91 (Fax)

HOME PAGE: http://www.michaelfaure.be

Erasmus University Rotterdam (EUR) - Erasmus School of Law ( email )

3000 DR Rotterdam
Netherlands

Hui Wang

KU Leuven ( email )

Oude Markt 13
Leuven, Vlaams-Brabant 3000
Belgium

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