Compensation for oil pollution damage from ships in China: A way toward international standards

Ocean Development and International Law

Volumn 44, Issue 1, 2013, Pages 73-95

  Zhu, Ling ^a   Dong, Bingying ^a   Li, Kevin X ^b  

^a HONG KONG POLYTECHNIC UNIVERSITY   (Hong Kong)

^b DongJak Gu   (South Korea)

Author keywords

China; Compensation; Marine pollution

Indexed keywords

COMPENSATION SYSTEM; INTERNATIONAL LAW; LEGAL SYSTEM; MARINE POLLUTION; OIL POLLUTION; STANDARD (REGULATION);

CHINA;

EID: 84876299921     PISSN: 00908320     EISSN: 15210642     Source Type: Journal    
DOI: 10.1080/00908320.2012.726839     Document Type: Article

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28. Article 7 of the Law on Legislation of the PRC provides that: "The National People's Congress and its Standing Committee exercise the legislative power of the State. The National People's Congress enacts and amends basic laws governing criminal offences, civil affairs, the State organs and other matters. The Standing Committee of the National People's Congress enacts and amends laws other than those enacted by the National People's Congress, and when the National People's Congress is not in session, it partially supplements and amends laws enacted by the National People's Congress, but not in contradiction to the basic principles of such laws. " For the Chinese text of the Law on Legislation, see the Legislative Affairs Office of the State Council of PRC Web site at fgk. chinalaw. gov. cn/article/flk/200003/20000300267517. shtml (accessed 15 May 2012).
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35. International Convention on Civil Liability for Oil Pollution Damage, 29 November 1969, and the Protocol to Amend the Convention, 27 November 1992, 973 U.N.T.S. 3. China acceded to the 1969 Civil Liability Convention on 30 January 1980 and this came into effect on 29 April 1980. The 1976 protocol came into effect on 28 December 1986 and the updated 1992 protocol came into effect on 5 January 2000 in China.
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37. International Convention on Civil Liability for Bunker Oil Pollution Damage, 23 March 2001, available at www.ecolex.org/server2.phpllibeat/docs/TRE/Multilateral/EN/TRE001377.txt (accessed 13 May 2012). The Bunker Convention came into effect in China on 9 March 2009.
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44. International Convention on Civil Liability for Oil Pollution Damage, 29 November 1969, and the Protocol to Amend the Convention, 27 November 1992, 973 U.N.T.S. 3. China acceded to the 1969 Civil Liability Convention on 30 January 1980 and this came into effect on 29 April 1980. The 1976 protocol came into effect on 28 December 1986 and the updated 1992 protocol came into effect on 5 January 2000 in China.
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86. Special Maritime Procedure Law, art. 7(2). For the Chinese text, see the Legislative Affairs Office of the State Council of PRC Web site at fgk. chinalaw. gov. cn/article/flk/199912/ 19991200267448. shtml (accessed 15 May 2012).
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91. See Ling Zhu, "Can the Bunkers Convention EnsureAdequate Compensation for Pollution Victims?" Journal of Maritime Law and Commerce 40 (2009): 203.
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94. The Regulation of Limitation of Liability for Maritime Claims Relating to Ships with a Gross Tonnage Not Exceeding 300 Gross Tons and Those Engaging in Transport Services Between Ports of China, as well as Those for Other Coastal Operations took effect on 1 January 1994.
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107. International Convention on Civil Liability for Oil Pollution Damage, 29 November 1969, and the Protocol to Amend the Convention, 27 November 1992, 973 U.N.T.S. 3. China acceded to the 1969 Civil Liability Convention on 30 January 1980 and this came into effect on 29 April 1980. The 1976 protocol came into effect on 28 December 1986 and the updated 1992 protocol came into effect on 5 January 2000 in China.
108. International Convention on Civil Liability for Bunker Oil Pollution Damage, 23 March 2001, available at www.ecolex.org/server2.phpllibeat/docs/TRE/Multilateral/EN/TRE001377.txt (accessed 13 May 2012). The Bunker Convention came into effect in China on 9 March 2009.
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110. International Convention on Civil Liability for Oil Pollution Damage, 29 November 1969, and the Protocol to Amend the Convention, 27 November 1992, 973 U.N.T.S. 3. China acceded to the 1969 Civil Liability Convention on 30 January 1980 and this came into effect on 29 April 1980. The 1976 protocol came into effect on 28 December 1986 and the updated 1992 protocol came into effect on 5 January 2000 in China.
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112. International Convention on Civil Liability for Oil Pollution Damage, 29 November 1969, and the Protocol to Amend the Convention, 27 November 1992, 973 U.N.T.S. 3. China acceded to the 1969 Civil Liability Convention on 30 January 1980 and this came into effect on 29 April 1980. The 1976 protocol came into effect on 28 December 1986 and the updated 1992 protocol came into effect on 5 January 2000 in China.
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120. For the Chinese text of the Judicial Interpretation, see the Supreme People's Court of PRC Web site at www.court.gov.cn/qwfb/sfjs/201106/t20110617 118284.htm (accessed 15 May 2012).
121. International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 18 December 1971, and Protocol to Amend, 27 November 1992. See the IOPC Fund Web site at www.iopcfund.org.
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123. BP, "Statistical Review of World Energy, " June 2010, 21.
124. During the period from 1973 to 2004, there were 28 oil pollution incidents involving Chinese-flagged tankers over 50 tons. Only 11 incidents, accounting for 38%, received compensation. Han Lixin, Research on Legal Problems of Compensation for Oil Pollution from Vessels (Beijing: Law Press, 2007) (in Chinese).
125. For the Chinese text of the Compensation Fund Regulation, see the Central People's Government of PRC Web site at www.gov.cn/zwgk/2012-05/28/content 2147033.htm (accessed 6 July 2012).
126. For the Chinese text of the Compensation Fund Regulation, see the Central People's Government of PRC Web site at www.gov.cn/zwgk/2012-05/28/content 2147033.htm (accessed 6 July 2012).
127. For the Chinese text of the Compensation Fund Regulation, see the Central People's Government of PRC Web site at www.gov.cn/zwgk/2012-05/28/content 2147033.htm (accessed 6 July 2012).
128. For the Chinese text of the Compensation Fund Regulation, see the Central People's Government of PRC Web site at www.gov.cn/zwgk/2012-05/28/content 2147033.htm (accessed 6 July 2012).
129. For the Chinese text of the Compensation Fund Regulation, see the Central People's Government of PRC Web site at www.gov.cn/zwgk/2012-05/28/content 2147033.htm (accessed 6 July 2012).
130. For the Chinese text of the Compensation Fund Regulation, see the Central People's Government of PRC Web site at www.gov.cn/zwgk/2012-05/28/content 2147033.htm (accessed 6 July 2012).
131. M. N. Tsimplis, "Marine Pollution from Shipping Activities, " Journal of International Maritime Law 14 (2008): 125.
132. For the Chinese text of the Compensation Fund Regulation, see the Central People's Government of PRC Web site at www.gov.cn/zwgk/2012-05/28/content 2147033.htm (accessed 6 July 2012).