Since the entry into force of the International Convention on liability and compensation for oil spill damage, there have been many discussions on the improvement of this regime. Based on the existing tworegimes, the ...Since the entry into force of the International Convention on liability and compensation for oil spill damage, there have been many discussions on the improvement of this regime. Based on the existing tworegimes, the writer tried to analysis the advantages of the new regimes and foresee the trends of the international regime of liability and compensation for oil pollution damage.展开更多
In recent years, the frequent occurrences of marine oil spills have already become one of the major reasons threatening the marine ecological safety of China. In the event of oil spill, oth-er than taking the necessar...In recent years, the frequent occurrences of marine oil spills have already become one of the major reasons threatening the marine ecological safety of China. In the event of oil spill, oth-er than taking the necessary emergent measures aiming specifically at the damage to the marine ecology and environment, using legal means to assure that the damage liabilities are borne by the respon-sible persons to protect the national interests are also very neces-sary. This paper advances five recommendations regarding the development of a system for ecological legal compensations from the standpoint of the current status of legislation and execution of the laws on compensation of oil spill polluting marine ecosystem. These five recommendations include: determination of the status of juristic action in marine ecological and environmental compen-sations in accordance with the laws, determination of plaintiff of marine ecological and environmental compensations in accordance with the laws, determination of the four basic principles in the le-gal actions of marine ecological and environmental compensations in accordance with the laws, determination of assessment technical standard of marine ecological and environmental damages in ac-cordance with the laws, and determination of the scope of marine ecological and environmental compensations in accordance with the laws.展开更多
Oil spill occurrence during exploration, production and distribution can cause deleterious impact on the environment. Contamination of local streams/rivers, farmlands, forest resources and biodiversity in oil producin...Oil spill occurrence during exploration, production and distribution can cause deleterious impact on the environment. Contamination of local streams/rivers, farmlands, forest resources and biodiversity in oil producing areas presents strong significant possibility of significant harm to human health. Geo-information technologies present new opportunities for assessing stress environment and ways of determining exposure susceptibility in such areas. The study assesses the geographical distribution of oil-spills cluster and pattern using three geospatial techniques with ground data at 443 oil-spill incident sites from 1985-2008. The places with high (high-volume/ large impact/close proximity to communities) and low incident (low-volume/less impact/far-distance) are related to the quantity of oil-spills identified within those communities considered susceptible to spill impact and possible exposure. While the average nearest neighborhood analysis showed a probability that oil-spill distribution in the area is clustered (ratio < 1 with index value 0.19), the Getis-Ord General G test indicated that the oil-spill with high quantities (volume) discharge are significantly clustered within every 400 m. The Moran’s I index indicted that there is <1% likelihood that the clusters are as a result of random chance. These findings will help to combat the environmental problems and risks of prolong exposure to petroleum hydrocarbons by addressing future incidents or relocating oil facilities/communities and positioning of rapid response strategies.展开更多
文摘Since the entry into force of the International Convention on liability and compensation for oil spill damage, there have been many discussions on the improvement of this regime. Based on the existing tworegimes, the writer tried to analysis the advantages of the new regimes and foresee the trends of the international regime of liability and compensation for oil pollution damage.
基金funded by the "Study of Legal Mechanism of Compensation Demanded by the State and International Practices in Marine Ecological Damages (Grant No.2008GXS5B100) in the Programme of national Soft Sciences Research Projects
文摘In recent years, the frequent occurrences of marine oil spills have already become one of the major reasons threatening the marine ecological safety of China. In the event of oil spill, oth-er than taking the necessary emergent measures aiming specifically at the damage to the marine ecology and environment, using legal means to assure that the damage liabilities are borne by the respon-sible persons to protect the national interests are also very neces-sary. This paper advances five recommendations regarding the development of a system for ecological legal compensations from the standpoint of the current status of legislation and execution of the laws on compensation of oil spill polluting marine ecosystem. These five recommendations include: determination of the status of juristic action in marine ecological and environmental compen-sations in accordance with the laws, determination of plaintiff of marine ecological and environmental compensations in accordance with the laws, determination of the four basic principles in the le-gal actions of marine ecological and environmental compensations in accordance with the laws, determination of assessment technical standard of marine ecological and environmental damages in ac-cordance with the laws, and determination of the scope of marine ecological and environmental compensations in accordance with the laws.
文摘Oil spill occurrence during exploration, production and distribution can cause deleterious impact on the environment. Contamination of local streams/rivers, farmlands, forest resources and biodiversity in oil producing areas presents strong significant possibility of significant harm to human health. Geo-information technologies present new opportunities for assessing stress environment and ways of determining exposure susceptibility in such areas. The study assesses the geographical distribution of oil-spills cluster and pattern using three geospatial techniques with ground data at 443 oil-spill incident sites from 1985-2008. The places with high (high-volume/ large impact/close proximity to communities) and low incident (low-volume/less impact/far-distance) are related to the quantity of oil-spills identified within those communities considered susceptible to spill impact and possible exposure. While the average nearest neighborhood analysis showed a probability that oil-spill distribution in the area is clustered (ratio < 1 with index value 0.19), the Getis-Ord General G test indicated that the oil-spill with high quantities (volume) discharge are significantly clustered within every 400 m. The Moran’s I index indicted that there is <1% likelihood that the clusters are as a result of random chance. These findings will help to combat the environmental problems and risks of prolong exposure to petroleum hydrocarbons by addressing future incidents or relocating oil facilities/communities and positioning of rapid response strategies.
