美国近三十年船舶油污损害赔偿法律适用及借鉴意义

The Application of the Compensation Law of United States on Oil Pollution Damage in Recent 30 Years and Its Reference

美国联邦法院在《1990年油污法》通过后的近三十年司法实践中,对于一些重要问题作出判决。该法适用于与可航水域实际相邻的非可航区域或湿地发生的溢油。在两船发生碰撞导致一船漏油的情况下,如果责任方主张由碰撞他船承担责任,则必须证明碰撞完全由于他船过错导致,并且与碰撞他船之间没有合同关系。溢油船舶一方作为责任人仍需负责清污,并且有权基于分摊或代位向他船索赔清污费用。美国法院就依据《油污法》索赔的步骤和材料提交作出裁决。此外,美国法院在重大油污事故案件中,依据普通海商法支持惩罚性损害赔偿。美国油污法司法实践对于我国具有借鉴意义。

There has been nearly 30 years since US Oil Pollution Act of 1990 passed.The US federal courts have ruled on some important issues.The Act applies to non-navigable waters or wetlands that are truly adjacent to an open body of navigable waters into which oil spills.When oil spilling is caused by collision between two vessels,if the responsible party seeks to shift the responsibility to the other vessel,he must prove that the collision was caused solely by the fault of the other vessel and there is no contractual relationship between them.The responsible party should take the responsibility of removal and has the right to claim to the other party for the cost of removal on the basis of either contribution or subrogation.The US courts also ruled on procedure and information of claim under Oil Pollution Act of 1990.Furthermore,the US courts permitted punitive damage caused by oil spilling disasters under general maritime law.Chinese law and practice can draw on the experience of American practice.