{"title":"石油港口溢油的定量责任风险评估——以广东-香港-马考大湾区为例","authors":"Huiling Zhong, Yishu Lin, T. Yip","doi":"10.1080/03088839.2021.1925988","DOIUrl":null,"url":null,"abstract":"ABSTRACT To mitigate risk and enhance safety in oil ports, this study proposes a method to analyse the civil liability risk and criminal liability risk of oil spills in oil ports. Based on scenario analysis and data analysis, the probability, spill size, number of casualties, actual compensation and total spill cost are estimated for different scenarios, including loading arm/hose rupture and hull failure when a vessel is berthing, manoeuvring near a berth and moving through the port. Based on these estimated factors and legal liability, the civil liability risk and criminal liability risk borne by oil ports and ship owners are estimated. Finally, data from an oil terminal in the Guangdong-Hong Kong-Macao Greater Bay Area are used to verify the applicability of the proposed method. The estimated probability and corresponding consequences can be used to determine which scenario would result in criminal liability and provide a reference for emergency capacity planning. The estimated risks are useful for loss mitigation and crime prevention. The findings and analysis reveal the current low compensation ratio and the inconsistency in criminal standards for oil spills in China. Therefore, the enforcement of civil compensation and unity among criminal standards should be prioritized.","PeriodicalId":18288,"journal":{"name":"Maritime Policy & Management","volume":null,"pages":null},"PeriodicalIF":3.7000,"publicationDate":"2021-06-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/03088839.2021.1925988","citationCount":"4","resultStr":"{\"title\":\"A quantitative liability risk assessment of oil spills in oil ports: the case of the Guangdong-Hong Kong-Macao Greater Bay Area\",\"authors\":\"Huiling Zhong, Yishu Lin, T. Yip\",\"doi\":\"10.1080/03088839.2021.1925988\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"ABSTRACT To mitigate risk and enhance safety in oil ports, this study proposes a method to analyse the civil liability risk and criminal liability risk of oil spills in oil ports. Based on scenario analysis and data analysis, the probability, spill size, number of casualties, actual compensation and total spill cost are estimated for different scenarios, including loading arm/hose rupture and hull failure when a vessel is berthing, manoeuvring near a berth and moving through the port. Based on these estimated factors and legal liability, the civil liability risk and criminal liability risk borne by oil ports and ship owners are estimated. Finally, data from an oil terminal in the Guangdong-Hong Kong-Macao Greater Bay Area are used to verify the applicability of the proposed method. The estimated probability and corresponding consequences can be used to determine which scenario would result in criminal liability and provide a reference for emergency capacity planning. The estimated risks are useful for loss mitigation and crime prevention. The findings and analysis reveal the current low compensation ratio and the inconsistency in criminal standards for oil spills in China. Therefore, the enforcement of civil compensation and unity among criminal standards should be prioritized.\",\"PeriodicalId\":18288,\"journal\":{\"name\":\"Maritime Policy & Management\",\"volume\":null,\"pages\":null},\"PeriodicalIF\":3.7000,\"publicationDate\":\"2021-06-08\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"https://sci-hub-pdf.com/10.1080/03088839.2021.1925988\",\"citationCount\":\"4\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Maritime Policy & Management\",\"FirstCategoryId\":\"5\",\"ListUrlMain\":\"https://doi.org/10.1080/03088839.2021.1925988\",\"RegionNum\":3,\"RegionCategory\":\"工程技术\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q2\",\"JCRName\":\"TRANSPORTATION\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Maritime Policy & Management","FirstCategoryId":"5","ListUrlMain":"https://doi.org/10.1080/03088839.2021.1925988","RegionNum":3,"RegionCategory":"工程技术","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"TRANSPORTATION","Score":null,"Total":0}
A quantitative liability risk assessment of oil spills in oil ports: the case of the Guangdong-Hong Kong-Macao Greater Bay Area
ABSTRACT To mitigate risk and enhance safety in oil ports, this study proposes a method to analyse the civil liability risk and criminal liability risk of oil spills in oil ports. Based on scenario analysis and data analysis, the probability, spill size, number of casualties, actual compensation and total spill cost are estimated for different scenarios, including loading arm/hose rupture and hull failure when a vessel is berthing, manoeuvring near a berth and moving through the port. Based on these estimated factors and legal liability, the civil liability risk and criminal liability risk borne by oil ports and ship owners are estimated. Finally, data from an oil terminal in the Guangdong-Hong Kong-Macao Greater Bay Area are used to verify the applicability of the proposed method. The estimated probability and corresponding consequences can be used to determine which scenario would result in criminal liability and provide a reference for emergency capacity planning. The estimated risks are useful for loss mitigation and crime prevention. The findings and analysis reveal the current low compensation ratio and the inconsistency in criminal standards for oil spills in China. Therefore, the enforcement of civil compensation and unity among criminal standards should be prioritized.
期刊介绍:
Thirty years ago maritime management decisions were taken on the basis of experience and hunch. Today, the experience is augmented by expert analysis and informed by research findings. Maritime Policy & Management provides the latest findings and analyses, and the opportunity for exchanging views through its Comment Section. A multi-disciplinary and international refereed journal, it brings together papers on the different topics that concern the maritime industry. Emphasis is placed on business, organizational, economic, sociolegal and management topics at port, community, shipping company and shipboard levels. The Journal also provides details of conferences and book reviews.