船舶溢油海洋环境损害赔偿法律问题研究——以“塔斯曼海”轮溢油事故为视角

The Legal Issues over Compensation for Marine Environmental Damage from Vessels' Oil Spill——from the Perspective of"Tasman Sea"Oil Spill Case

历时七年的"塔斯曼海"轮溢油案首次在我国司法实践中确立了海洋生态损害赔偿。该案体现了船舶溢油海洋环境损害赔偿面临"海洋生态损害"概念模糊、损害赔偿难以量化、国家行政主管部门索赔存在交叉的困境。传统侵权法理论无法确定海洋环境损害的范围,更无法将海洋环境损害量化。尽管有关船舶溢油海洋环境损害赔偿法律体系的发展在一定程度上缓解了侵权法无法解决的难题,但仍需完善现有的法律制度,以期有效、及时地赔偿海洋环境损害。

Compensation for marine ecological damage was firstly established by the judgment of sevenyear-long ＂Tasman sea＂ oil spill case. The case reflects several dilemmas for marine environmental damage compensation, such as the obscure definition of ＂marine ecological damage＂, difficulties in quantifying environmental damage and overlap of claims by different state administrations. Traditional tort theory can neither estimate the scope of marine environmental damage nor quantify the damage. Although the devel- opment of legal system concerning the marine environmental damage caused by vessels＂ oil spill resolves some problems which used to be confronted by tort law, current legal systems still need improving for effective and timely compensation for marine environmental damage.