碩士 / 國立金門大學 / 海洋與邊境管理學系碩士班 / 106 / On September 15, 2016, the severe typhoon Meranti Strongest super typhoon of the year barrels toward Mainland and Taiwan. The 40,000 tons of freighter “Kong-Tai-Tai-Zhou” which was docked at Xiamen port, was blown to the Gugan beach of Kinmen. The cargo oil tanks spilled caused by oil pollution of freighter to the Kinmen sea area. It is about 1.8 kilommeter from Kinmen to Xiamen. Since January 1, 2001, Mini-three links communication between the two sides, and the ship transportation becomes frequent. The oil pollution of the "Kong-Tai-Tai-Zhou" was the first marine oil pollution in Kinmen and Xiamen. How to deal with oil pollution damages of ships involved in the two sides of the strait？This problem is difficult to avoid in the future, and it is necessary to conduct in-depth research.
This study used “case analysis method” and “comprative analysis approaches”. The “Kong-Tai-Tai-Zhou” as a case study. In comparison with international conventions, Mainland and Taiwan’s the legal system for compensation for oil pollution damage. To reah the advantages and disadvantages of our legal system. As present, the International Convention on Civil Liability for Oil Pollution Damage in 1969, the International Convention on the Establishment of International Fund for Compensation for Oil Pollution Damage in 1971, the International Convention on Civil Liability for Bunker Oil Pollution Damage in 2001, the Convention on Prevention and Control of Civil Liability in the China and Marine Pollution Control Act relevant laws deal with the issue of damages related to oil pollution on ships.
According to the results, in this study proved that the subject of compensation, limitation of Liability and exemption from stipulations of Marine Pollution Control Act, which is a huge gap between the international community, leading to the serious derailment of the international legal system. Moreover, Taiwan has not acceded to international conventions, and has not have an oil pollution compensation fund, so that when the victim suffers damage, there maybe no way to claim compensation. In addition, in Taiwan, the Maritime Law has unlimited liability for oil pollution liability, and it is the most stringent responsibility of the world. This study suggests Taiwan should formulate a special law on compensation for damage to marine oil pollution as soon as possible, and set up a compensation fund for oil pollution damage, so the legal system for compensation for oil pollution damage in Taiwan is even more complete.
| Identifer | oai:union.ndltd.org:TW/106KMIT0274006 |
| Date | January 2018 |
| Creators | TSAI,I-JU, 蔡一如 |
| Contributors | LEE,RAY-SEN, 李瑞生 |
| Source Sets | National Digital Library of Theses and Dissertations in Taiwan |
| Language | zh-TW |
| Detected Language | English |
| Type | 學位論文 ; thesis |
| Format | 118 |
Page generated in 0.0019 seconds