海洋石油污染损害:追求统一的国际民事责任制度

J. Sundaram
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引用次数: 0

摘要

大量的海洋石油污染是由船舶造成的,另一种是由海上石油平台作业造成的非船舶污染。自20世纪50年代以来,世界见证了许多石油泄漏灾难,包括美国的深水地平线事件,澳大利亚的蒙塔拉井口平台以及尼日利亚尼日尔三角洲持续发生的石油泄漏事件。技术的进步意味着海上运营商现在可以冒险远离海岸线去勘探和开采碳氢化合物储量,从而增加原油产量,也增加了海上平台发生石油污染事件的可能性。1969年《国际油污民事责任公约》和1971年《设立国际油污损害基金国际公约》是在国际海事组织的领导下,针对日益增多的船舶源油污染海洋环境事件而制定的。自这些公约生效以来,成员国有所增加,船舶源油污染事件有所减少。国际海事委员会(海事委员会)早在1977年就拟订一项关于近海作业所引起索赔的统一民事责任公约所作的努力没有取得成果,在寻找解决办法方面也没有取得什么进展。目前,对于因海上作业造成的损害而提出的油污赔偿要求,尚无统一的国际民事责任制度。本文探讨了缺乏一个连贯的法律框架来处理海上石油泄漏事件引起的民事责任索赔背后的原因,特别是当存在一个全面的国际法规来管理船舶源和其他相关形式的海洋石油污染时。报告认为,缺乏找到解决方案的领导力正被证明是极具破坏性的,有充分的理由和迫切需要建立一个统一的国际海上石油泄漏责任制度。这篇文章着眼于现有的区域和国家制度,作为发展一种国际制度的途径,为海上活动造成的损害提供石油污染赔偿。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
OFFSHORE OIL POLLUTION DAMAGE: IN PURSUIT OF A UNIFORM INTERNATIONAL CIVIL LIABILITY REGIME
A significant amount of marine oil pollution is vessel-source with another being non-vessel-source originating from offshore oil platform operations. The world has witnessed a number of oil spill disasters since the 1950s including the Deepwater Horizon incident in the United States, the Montara Wellhead Platform in Australia and the continuing oil spill incidents in the Niger Delta, Nigeria. Technological advances mean that offshore operators now venture further out from coastlines to explore for, and exploit hydrocarbon reserves, thus increasing the crude oil output, and also the possibility of oil pollution incidents from offshore platforms. The International Convention on Civil Liability for Oil Pollution 1969 and the International Convention on the Establishment of an International Fund for Oil Pollution Damage 1971 were developed under the leadership of the International Maritime Organization in response to the increasing incidents of vessel-source oil pollution of the marine environment. Since the entry into force of these Conventions the membership has increased and the incidents of vessel-source oil pollution reduced. Efforts made by the Comite Maritime International (CMI), as early as in 1977, to develop a uniform civil liability convention for claims arising from offshore operations did not come to fruition, and very little progress has been made in finding a solution. Currently, there is no uniform international civil liability regime in place for oil pollution compensation claims arising for damages caused by offshore operations. This article explores the reasons behind the lack of a coherent legal framework to process civil liability claims arising from offshore oil spill incidents, especially when a comprehensive international regulation exists to govern vessel-source and other related forms of marine oil pollution. It argues that the lack of leadership to find a solution is proving to be highly damaging and that there is a strong case and an urgent need to establish a uniform international offshore oil spill liability regime. The article looks at existing regimes, both regional and national, as a way forward to develop an international regime for oil pollution compensation for damages arising from offshore activities.
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