碩士 / 國立海洋大學 / 海洋法律研究所 / 90 / This thesis comprises six chapters. The first chapter will introduce the definition of “Oceanic Environment Pollution” given by the international community, the cause of oceanic environment pollution and pollutant from vessels. Chapter 2 is an overview of legal regimes constituted by principles applied to oceanic environment protection evolved from practices and rules recognized by judgments made by international court and arbitration awards as well as international conventions relating to prevention of vessel-relevant pollution. The third is a reflection of the history of legal environment in connection of the prevention of vessel-relevant pollution and the discussion about its future with the hope to help the readers understand the substantial contents of the relevant provisions. Chapter 4 is about the theoretical foundation of the civil liability caused by vessel-relevant pollution, the application of the principle ‘the polluter pays’ under international environmental law, the international legal regimes concerning the civil liability caused by vessel-relevant pollution under the international conventions and non-governmental agreements signed by oil companies and tanker ship owners, the oil pollution and non-oil pollution categorized under international private laws. The fifth chapter provides analysis of and suggestions to our maritime law system and provisions regarding vessel-relevant pollution under Taiwanese laws. Chapter 6 is the case study of the oil pollution concerns raised by the Greek cargo ship — Amorgos. This involves the liability of the nation, the jurisdiction over the case by the two concerning countries, the justification of the measures taken as per Article 35 of the Prevention of the Oceanic Pollution Law, and the provisions regarding wreck removal and its compensation under the current law.
The international law provides obligations and rights of the concerned countries of a pollution event, i.e. the victim polluted country and the flag country of the pollutant ship. In the report titled “Our Common Future” presented by WCED, it is considered that ‘ever-lasting development’ is the ideal answer. The idea “Ever-lasting development” has been agreed to be commonly pursued by all nations since the Rio Convention of 1992. For the people living in ‘Oceanic Taiwan’, depending highly on the ocean, making use of the ocean resource, it is an important task to reach balance between the protection of ecological environment and economic development. Finally, ‘Clean Water no Trouble Water’ should be the common responsibility, wish and ideal of all human beings.
| Identifer | oai:union.ndltd.org:TW/090NTOU0273010 |
| Date | January 2002 |
| Creators | 侯玉瓊 |
| Contributors | Robert Lintorng Chen, 陳荔彤 |
| Source Sets | National Digital Library of Theses and Dissertations in Taiwan |
| Language | zh-TW |
| Detected Language | English |
| Type | 學位論文 ; thesis |
| Format | 0 |
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