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
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.
