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
Vessel-source marine oil pollution damage is governed by an international liability regime, including the CLC treaties, 2001 Bunker Convention and the 1977 Seabed Convention. Despite that ＂pollution damage＂ in these...Vessel-source marine oil pollution damage is governed by an international liability regime, including the CLC treaties, 2001 Bunker Convention and the 1977 Seabed Convention. Despite that ＂pollution damage＂ in these treaties does not exclude damage to marine biodiversity, the fact that damage to marine biodiversity is not mentioned in this regime arouses the question of compensability of damage to marine biodiversity under the regime. This article attempts to investigate this question from the perspectives of the relationship between marine environmental damage and damage to marine biodiversity and the possibility of compensation for damage to marine biodiversity under the regime. While the findings of this article reveal that the regime cannot provide sufficient compensation for such damage, this article in the conclusion offers some suggestions for the sake of remedying of damaged marine biodiversity under the regime.展开更多
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Vessel-source marine oil pollution damage is governed by an international liability regime, including the CLC treaties, 2001 Bunker Convention and the 1977 Seabed Convention. Despite that ＂pollution damage＂ in these treaties does not exclude damage to marine biodiversity, the fact that damage to marine biodiversity is not mentioned in this regime arouses the question of compensability of damage to marine biodiversity under the regime. This article attempts to investigate this question from the perspectives of the relationship between marine environmental damage and damage to marine biodiversity and the possibility of compensation for damage to marine biodiversity under the regime. While the findings of this article reveal that the regime cannot provide sufficient compensation for such damage, this article in the conclusion offers some suggestions for the sake of remedying of damaged marine biodiversity under the regime.
