碩士 / 東吳大學 / 法律學系 / 105 / Oil began to replace coal as main energy early in the last century, from then on, large amount of oil has being transported by sea from oil exporting countries to oil importing countries, which results in pollution damage when oil spill incidents take place. As the rapid development of the carriage of oil by sea, the serious damage of oil pollution from ships pushed international community to formulate the compensation law of oil pollution damage from ships.
Under the compensation law of oil pollution damage from ships, shipping industry and oil industry share the compensation responsibility and contribute adequate compensation for oil pollution damage. The fundamental regimes of the compensation law of oil pollution damage from ships are the responsible parties of compensation, the scope of compensation and the limitation of liability. Civil liable party, insurer and compensation fund pay for oil pollution damage. Civil liable party is required to obtain and maintain financial responsibility certificate which secure direct actions against the insurer. Liable party and the insurer are composed of the first tier of the compensation responsibility parties. The second tier is the compensation fund for oil pollution damage contributed by oil industry functions. The compensation scope consists of general type of damage such as property damage, and special type such as cleanup cost, economic loss and damage to natural resources as well. Compensation for oil pollution damage is limited below certain amount, under the regime of liability. The meaning of the regime of liability limitation lies in identifying the risk of shipping industry and the volume of liability insurance. The increasing extent of oil pollution damagepushes the increasing of compensation amount.
This paper mainly focuses on the study of the legal system of oil pollution damage compensation for ships of China, starting from the realization of damages, focusing on the scope of application, the main body of compensation, the scope of compensation and the limitation of liability system, and this research is going to take the M.V. Amorgos oil pollution event as an example, analysis of our claims and litigation claims. In order to make the future development of cross-strait oil pollution environmental tort law more perfect.
| Identifer | oai:union.ndltd.org:TW/105SCU00194085 |
| Date | January 2017 |
| Creators | LIN,CHUN-YING, 林君穎 |
| Contributors | Chen, Chien-Min, 陳健民 |
| Source Sets | National Digital Library of Theses and Dissertations in Taiwan |
| Language | zh-TW |
| Detected Language | English |
| Type | 學位論文 ; thesis |
| Format | 116 |
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