China's 2012 Regime for Compensation for Vessel Source Oil Pollution: A Comparative Study

The International Oil Pollution Compensation Fund is a successful international scheme providing supplementary compensation for vessel source oil pollution damage. Some domestic schemes such as the Ship-Source Oil Pollution Fund in Canada and the Oil Spill Liability Trust Fund in the United States have also been successful. China established its Vessel-Source Oil Pollution Compensation Fund in July 2012. This article examines the international and domestic schemes that provide supplementary compensation for vessel source oil pollution and makes some suggestions for amendment of the newly established Chinese national compensation fund.

[1]  Kevin X. Li,et al.  Compensation for Oil Pollution Damage from Ships in China: A Way Toward International Standards , 2013 .

[2]  R. Asariotis,et al.  Liability and compensation for ship-source oil pollution: an overview of the international legal framework for oil pollution damage from tankers , 2012 .

[3]  Tian,et al.  China's Oil & Gas Imports and Exports in 2011 , 2012 .

[4]  M. Gunasekera Civil Liability for Bunker Oil Pollution Damage , 2010 .

[5]  A. Chircop,et al.  Shifting Focus: Towards Outcome-Based Policy and Regulation Making for Maritime Safety and Vessel-Source Pollution in Canada , 2009 .

[6]  Ling Zhu,et al.  Compensation issues under the Bunkers Convention , 2008 .

[7]  Han Li-xin Suggestion on improving the Management Regulations of Collection and Use of the Ships' Pollution Damage Compensation Fund (Draft) , 2007 .

[8]  Liu Xian-ming Structure of a fund for compensation for oil pollution damage in PRC , 2007 .

[9]  Vlatka Živojnović Protocol of 2003 to the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1992 , 2005 .

[10]  André Schmitt,et al.  Hedging Strategies and the Financing of the 1992 International Oil Pollution Compensation Fund , 2005 .

[11]  Z. Keyuan Implementing marine environmental protection law in China: progress, problems and prospects , 1999 .

[12]  H. Hannum Pollution from the Carriage of Oil by Sea: Liability and Compensation. , 1999 .

[13]  Lawrence I Kiern THE OIL POLLUTION ACT OF 1990 AND THE NATIONAL POLLUTION FUNDS CENTER , 1994 .

[14]  G. Lind,et al.  International Convention on Civil Liability for Oil Pollution Damage , 1970, American Journal of International Law.