Civil liability for oil pollution damage caused by ships: Chinese legal system and reference to Vietnam

Abstract

Along with the development of the maritime industry, the Vietnam’s Sea is facing marine pollution caused by oil discharge from ships. The cases of insufficient and unsatisfactory compensation for pollution damage caused by ship’s oil are increasing. Therefore, this paper focused on the analysis of the status and the weakness of Vietnam legal system on civil liability for oil pollution damage caused by ships. In order to find out solutions for such improvement of the legal system, this paper focuses on the systematic analysis of the Chinese laws of civil liability for oil pollution damage caused by ships. Through such analysis, the paper gives some lessons for Vietnam learned from the experience of China in the implementation of laws of civil liability for oil pollution damage caused by ships.

Keywords:

• civil liability
• ships’ oil pollution
• compensation for oil pollution damage

PUBLIC INTEREST STATEMENT

Along with the development of the maritime industry, the Vietnam’s Sea is facing marine pollution caused by oil discharge from ships. The cases of insufficient and unsatisfactory compensation for pollution damage caused by ship’s oil are increasing. Therefore, this paper focused on the analysis of the status and the weakness of Vietnam legal system on civil liability for oil pollution damage caused by ships. In order to find out solutions for such improvement of the legal system, this paper focuses on the systematic analysis of the Chinese laws of civil liability for oil pollution damage caused by ships. Through such analysis, the paper gives some lessons for Vietnam learned from the experience of China in the implementation of laws of civil liability for oil pollution damage caused by ships.

Notes

1. Including the economic loss, the loss of natural resources.

2. According to statistics of Vietnam Maritime Bureau in 2015.

3. CMC means Chinese Maritime Code.

4. Including operator and charterer.

5. CLC 1992, Article VII (1).

6. VND means Vietnam dollar.

7. Regulation on Oil Spill Response, Article 9.

8. Regulation on Oil Spill Response, Article 30.

Additional information

Funding

The author received no direct funding for this research.

Notes on contributors

Pham Van Tan

Dear Journal! I am PHAM VAN TAN, one lecturer of Maritime Training Center in Vietnam Maritime University. My major is in Marine Naviagtion, Maritime safety, Maritime law. I have got Bachelor and Master degrees in Faculty of Marine Navigation in Vietnam Maritime University. In 2013, I obtained Doctor degrees in Law school in Dalian Maritime University.

Currently, I focus on researching the topics regarding to maritime law, international law, civil liability regime for oil pollution damage caused by ships, regulation on prevention of ship-source pollution to marine environment.

I prepared and submitted my manuscript to your journal, this topic on civil liability for oil pollution damage is a new issue in Vietnam, so I focus on researching this topic to help Vietnam further improve the legal system in this issue.

I hope my manuscript can be reviewed soon and get good results from reviewers.