船舶油污损害赔偿中船级社第三方责任法律问题研究
发布时间：2018-08-11 18:31
【摘要】：一直以来,航运界和司法界都留传着船级社免责的惯例,然而近年来数起大型船舶油类泄漏造成灾难性生态污染事件的发生,却让国际各界对此免责传统及该传统依据的抗辩理由产生质疑。作为航运界不可或缺的组织,海洋环境和海上安全的重要保卫者,到底应该如何判定船级社在油污损害赔偿案件中的第三方责任?本文通过四部分进行论述,主要内容如下： 第一部分主要介绍船舶油污损害赔偿中船级社第三方责任的含义以及船级社第三方责任由长期谨慎阶段到短暂松动阶段再至恢复保守阶段的历史沿革。 第二部分详细剖析船舶油污损害赔偿中船级社的主要抗辩理由。本章共包括非缔约国无管辖权、《1992年国际油污损害民事责任公约》(简称CLC)第Ⅲ(4)条的适用和国家豁免理论三个部分,通过对CLC相关条款以及国际法和国际私法理论的系统阐述,确定了船舶油污损害赔偿中船级社可以依据和不可受益的抗辩理由。 第三部分重点论述中国法下船舶油污损害赔偿中船级社的第三方责任。本章在第二部分的基础上,系统的分析了中国法下涉外和非涉外船舶油污损害赔偿中船级社第三方责任的法律适用和责任承担问题。 第四部分系统探究船舶油污损害赔偿中船级社第三方责任的发展趋势。本章详细的介绍了油污事故发生后国际社会对船级的强烈反应,并结合船级社的性质及立法现状大胆地对船级社的发展趋势做出预测,提出相应的对策和建议。 希望本文对船舶油污损害赔偿中船级社第三方责任的深入研究,能为航运界和司法界确定船级社的侵权责任起到借鉴作用,并最终对全球海洋环境的保护和国际船舶油污损害赔偿制度的完善有所裨益。
[Abstract]:The shipping industry and the judiciary have kept the practice of classification society exemption. However, in recent years, there have been several catastrophic ecological pollution incidents caused by oil spills from large ships. However, the international community to this tradition of exemption and the traditional basis of the defense reasons to question. As an indispensable organization in the shipping industry, an important defender of marine environment and maritime safety, how can classification societies be judged to be third party liability in oil pollution compensation cases? This paper is discussed in four parts. The main contents are as follows: the first part mainly introduces the meaning of classification society third party liability in ship oil pollution damage compensation and the third party liability of classification society from long-term cautious stage to brief loosening stage and then to recovery. The history of the conservative stage. The second part analyzes the main defense of classification society in ship oil pollution damage compensation in detail. This chapter consists of three parts: the application of Article III (4) of the 1992 International Convention on Civil liability for Oil pollution damage (CLC) and the theory of State immunity, which are described systematically through the relevant provisions of CLC and the theories of international law and private international law. The defense that classification society can base and not benefit in the compensation for oil pollution damage is determined. The third part focuses on the third party liability of classification society in oil pollution compensation under Chinese law. On the basis of the second part, this chapter systematically analyzes the legal application and liability of classification society in the compensation for oil pollution damage caused by foreign and non-foreign ships under Chinese law. The fourth part systematically explores the development trend of third party liability of classification society in ship oil pollution compensation. This chapter introduces in detail the strong reaction of the international community to the classification of ships after the oil pollution accident, and makes a bold prediction of the development trend of the classification society combined with the nature of the classification society and the present legislative situation, and puts forward the corresponding countermeasures and suggestions. It is hoped that the in-depth study of the third-party liability of classification societies in the compensation for ship oil pollution damage can serve as a reference for determining the tort liability of classification societies in shipping and judicial circles. Finally, it is beneficial to the protection of the global marine environment and the improvement of the international ship oil pollution compensation system.
【学位授予单位】：大连海事大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D99;D922.6;D923
本文编号：2177859
[Abstract]:The shipping industry and the judiciary have kept the practice of classification society exemption. However, in recent years, there have been several catastrophic ecological pollution incidents caused by oil spills from large ships. However, the international community to this tradition of exemption and the traditional basis of the defense reasons to question. As an indispensable organization in the shipping industry, an important defender of marine environment and maritime safety, how can classification societies be judged to be third party liability in oil pollution compensation cases? This paper is discussed in four parts. The main contents are as follows: the first part mainly introduces the meaning of classification society third party liability in ship oil pollution damage compensation and the third party liability of classification society from long-term cautious stage to brief loosening stage and then to recovery. The history of the conservative stage. The second part analyzes the main defense of classification society in ship oil pollution damage compensation in detail. This chapter consists of three parts: the application of Article III (4) of the 1992 International Convention on Civil liability for Oil pollution damage (CLC) and the theory of State immunity, which are described systematically through the relevant provisions of CLC and the theories of international law and private international law. The defense that classification society can base and not benefit in the compensation for oil pollution damage is determined. The third part focuses on the third party liability of classification society in oil pollution compensation under Chinese law. On the basis of the second part, this chapter systematically analyzes the legal application and liability of classification society in the compensation for oil pollution damage caused by foreign and non-foreign ships under Chinese law. The fourth part systematically explores the development trend of third party liability of classification society in ship oil pollution compensation. This chapter introduces in detail the strong reaction of the international community to the classification of ships after the oil pollution accident, and makes a bold prediction of the development trend of the classification society combined with the nature of the classification society and the present legislative situation, and puts forward the corresponding countermeasures and suggestions. It is hoped that the in-depth study of the third-party liability of classification societies in the compensation for ship oil pollution damage can serve as a reference for determining the tort liability of classification societies in shipping and judicial circles. Finally, it is beneficial to the protection of the global marine environment and the improvement of the international ship oil pollution compensation system.
【学位授予单位】：大连海事大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D99;D922.6;D923
【引证文献】
相关硕士学位论文 前1条
1 周梦华;船级社侵权责任法律问题研究[D];大连海事大学;2012年
，本文编号：2177859
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