In this dissertation, the author has comparatively studied the international OPLR, the American OPLR and the China OPLR. Specifically, the comparative study covers key terms, channeling rule, liability rule, admissible damages, defenses, limitation of liability, insurance and financial responsibility, oil pollution liability fund, subrogation, recourse action, procedures for asserting claims, limitation periods and judicial jurisdiction of all three OPLRs By comparative study, the author realizes that the primary purpose of the international OPLR is to guarantee the full compensation for oil pollution damage. To facilitate other international conventions for purpose of marine environmental protection by creating incentives for a shipowner to take precautions in preventing oil pollution from happening is the secondary purpose of the international OPLR. Variously, the primary purpose of the American OPLR is to create incentives for all of the responsible party of a ship, a facility or deepwater port to take positive measures in preventing an oil pollution incident from happening or alleviating oil pollution damage where an oil pollution incident occurred. To guarantee full compensation for oil pollution damage and removal costs is only the secondary purpose of the American OPLR Currently, the China OPLR is kind of two-fold path regime, i.e. the China OPLR for the foreign-related oil pollution situation and the China OPLR for the purely domestic oil pollution situation, with a poorly crafted and piecemeal condition. Given the facts that the fast growth of the carriage of cruel oil by sea in the waters of China, the threat of a grave oil pollution discharge, and the national policy of 'prevention first and control pollution in comprehensive manner,' China should improve its existing OPLR to effectuate the 'prevention first' goal and then guarantee the full compensation As one of achievements of this dissertation, the author has drafted a COPL for China / acase@tulane.edu
| Identifer | oai:union.ndltd.org:TULANE/oai:http://digitallibrary.tulane.edu/:tulane_25385 |
| Date | January 2007 |
| Contributors | Shan, Hongjun (Author), Davies, Martin (Thesis advisor) |
| Publisher | Tulane University |
| Source Sets | Tulane University |
| Language | English |
| Detected Language | English |
| Rights | Access requires a license to the Dissertations and Theses (ProQuest) database., Copyright is in accordance with U.S. Copyright law |
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