On the Liability of Owners of Non-Oil-Spill Ships for Oil Pollution Damage Resulting from Ship Collisions

DOI: https://doi.org/10.62517/jel.202414419

Author(s)

Li Dan*, Wang Xiao

Affiliation(s)

School of Law, Dalian Maritime University, Dalian, China

Abstract

There is a lack of clear provisions in international conventions and Chinese domestic law regarding liability for oil pollution damage caused by ship collisions with non-oil spill vessels. Theoretical perspectives on the responsibility to be borne by non-oil spill vessels vary, as do differences in maritime judicial practice. By reviewing relevant provisions of international conventions and Chinese domestic law, this paper proposes a clear framework for addressing theoretical viewpoints and the current state of maritime judicial practice concerning liability for oil pollution damage caused by ship collisions involving non-oil spill vessels. Additionally, the Maritime Law establishes rules governing liability for oil pollution damage caused by non-oil spill vessels and presents potential solutions.

Keywords

Limitation of Maritime Liability; Limitation of Carrier's Liability; Limitation of Liability

References

[1]Shuai Yuexin, Shi Yilian. (2017)Study on the analysis of civil liability for oil pollution damage caused by ship collision[J]. China Maritime, 6, 39-41. [2] Zhang Hongkai. (2018)Research and Concept of Liability Assumption of Non-Oil Spill Vessel for Oil Pollution Damage Caused by Ship Collision. Hebei Law,36(08), 178-189. [3] SI Yuzhuo, WU Xu. (2022)Historical Evidence of the Principle of “Whoever Spills Oil, Whoever Compensates” and Its Application in Collision Accidents. China Maritime Law Research, 33(01), 3-14.