海上钻井平台石油污染防治的国际法律研究
发布时间：2018-10-29 12:25
【摘要】：随着人类社会的进步和科技的发展,陆地石油资源已经不能够满足人类发展的需要,开发利用储量丰富的海洋石油资源就成为缓解陆上石油资源不足的重要途径。但是在实践操作中,海上钻井平台的溢油事故频发,对海洋环境产生了恶劣影响。国际社会虽然一直在防治钻井平台石油污染的立法方面做出努力,但是就整体相关国际法建设而言仍存在着诸如立法内容缺乏操作性和前瞻性、对国际援助规定不明确等诸多问题,研究钻井平台石油污染防治国际法的不足之处,对于完善防治钻井平台石油污染国际法内容具有重要的现实意义。通过分析当前国内外的研究情况,归纳总结出在日后完善国际防治海上钻井平台石油污染立法过程中可供参考的部分观点和内容。以海上钻井平台与船舶的不同为切入点,具体阐述了世界范围内海洋石油污染现状、成因并对海上钻井平台石油污染加以界定。通过分析海上钻井平台与船舶的异同点,得出二者并不能等同的结论。列举并分析当前国际社会对海上钻井平台是否能纳入船舶范围的不同法律实践,进一步阐明当前国际社会已经具备了建立独立防治海上钻井平台石油污染法律机制的条件。对当前海上钻井平台石油污染防治国际立法内容情况进行探讨并分析其不足,并据此阐述在建立健全国际防治海上钻井平台石油污染专项立法过程中应当坚持的具体原则,提出完善国际防治海上钻井平台石油污染法律的建议,以期能够对建立健全国际海上钻井平台专项立法内容提供些许帮助。采用了文献研究法、实证研究法、比较分析法和调查法等多种研究方法,在总结大量文献数据的基础上对当前防治海上钻井平台跨界石油污染的国际法和部分国家国内法进行分析,对比其中优缺点以期对健全防治海上钻井平台石油污染国际法有所帮助。创新点在于借鉴了部分发达国家国内法中可参考的法律规定,在国际法建设中予以运用。提出了建立国际性防治海上钻井石油污染的基金制度。并进一步提出明确国际援助的范围。针对海上钻井平台石油污染导致的人体健康损伤和相关产业受损提出了规定不同的诉讼时效以更好保护受害者权益。明确国际司法机关管辖权,适当赋予海洋环境争端分庭相应的刑事管辖权。
[Abstract]:With the progress of human society and the development of science and technology, the land petroleum resources can no longer meet the needs of human development. The exploitation and utilization of rich offshore oil resources has become an important way to alleviate the shortage of onshore oil resources. However, in practice, oil spills of offshore drilling platforms occur frequently, which have a bad effect on marine environment. Although the international community has been making efforts in the area of legislation to prevent oil pollution from drilling platforms, such as the lack of maneuverability and foresight of the legislative content in the overall construction of relevant international law, In order to improve the content of the international law of oil pollution prevention and control of drilling platforms, it is of great practical significance to study the deficiencies of the international law of oil pollution prevention and control of drilling platforms. By analyzing the current research situation at home and abroad, this paper sums up some viewpoints and contents for reference in the process of perfecting the international legislation to prevent and control oil pollution from offshore drilling platforms in the future. Taking the difference between offshore drilling platform and ship as the starting point, the paper expounds the present situation and causes of offshore oil pollution in the world, and defines the oil pollution of offshore drilling platform. By analyzing the similarities and differences between offshore drilling platforms and ships, it is concluded that the two are not equivalent. This paper enumerates and analyzes the different legal practices of the international community on whether offshore drilling platforms can be brought into the scope of ships, and further clarifies that the international community already has the conditions to establish an independent legal mechanism to prevent and control oil pollution from offshore drilling platforms. The content of current international legislation on oil pollution prevention and control of offshore drilling platforms is discussed and its shortcomings are analyzed. Based on this, the specific principles to be adhered to in the process of establishing and perfecting the special legislation for the prevention and control of oil pollution of offshore drilling platforms are expounded. The paper puts forward some suggestions on how to perfect the international law of preventing and controlling oil pollution from offshore drilling platforms, in the hope of providing some help for the establishment and perfection of the special legislation content of offshore drilling platforms. Literature research method, empirical research method, comparative analysis method and investigation method are adopted. On the basis of summarizing a large amount of literature data, this paper analyzes the current international law and domestic laws of some countries to prevent and control transboundary oil pollution from offshore drilling platforms. The advantages and disadvantages are compared in order to improve the prevention and control of offshore oil pollution international law. The innovation lies in drawing lessons from the domestic laws of some developed countries and applying them in the construction of international law. An international fund system for preventing and controlling oil pollution from offshore drilling is put forward. Furthermore, the scope of international aid should be clarified. Aiming at the damage to human health caused by oil pollution of offshore drilling platforms and the damage to related industries, different statute of limitations is proposed to better protect the rights and interests of victims. To clarify the jurisdiction of international judicial organs and to give appropriate criminal jurisdiction to the Chamber for Marine Environment disputes.
【学位授予单位】：沈阳工业大学
【学位级别】：硕士
【学位授予年份】：2016
【分类号】：D996.9
[Abstract]:With the progress of human society and the development of science and technology, the land petroleum resources can no longer meet the needs of human development. The exploitation and utilization of rich offshore oil resources has become an important way to alleviate the shortage of onshore oil resources. However, in practice, oil spills of offshore drilling platforms occur frequently, which have a bad effect on marine environment. Although the international community has been making efforts in the area of legislation to prevent oil pollution from drilling platforms, such as the lack of maneuverability and foresight of the legislative content in the overall construction of relevant international law, In order to improve the content of the international law of oil pollution prevention and control of drilling platforms, it is of great practical significance to study the deficiencies of the international law of oil pollution prevention and control of drilling platforms. By analyzing the current research situation at home and abroad, this paper sums up some viewpoints and contents for reference in the process of perfecting the international legislation to prevent and control oil pollution from offshore drilling platforms in the future. Taking the difference between offshore drilling platform and ship as the starting point, the paper expounds the present situation and causes of offshore oil pollution in the world, and defines the oil pollution of offshore drilling platform. By analyzing the similarities and differences between offshore drilling platforms and ships, it is concluded that the two are not equivalent. This paper enumerates and analyzes the different legal practices of the international community on whether offshore drilling platforms can be brought into the scope of ships, and further clarifies that the international community already has the conditions to establish an independent legal mechanism to prevent and control oil pollution from offshore drilling platforms. The content of current international legislation on oil pollution prevention and control of offshore drilling platforms is discussed and its shortcomings are analyzed. Based on this, the specific principles to be adhered to in the process of establishing and perfecting the special legislation for the prevention and control of oil pollution of offshore drilling platforms are expounded. The paper puts forward some suggestions on how to perfect the international law of preventing and controlling oil pollution from offshore drilling platforms, in the hope of providing some help for the establishment and perfection of the special legislation content of offshore drilling platforms. Literature research method, empirical research method, comparative analysis method and investigation method are adopted. On the basis of summarizing a large amount of literature data, this paper analyzes the current international law and domestic laws of some countries to prevent and control transboundary oil pollution from offshore drilling platforms. The advantages and disadvantages are compared in order to improve the prevention and control of offshore oil pollution international law. The innovation lies in drawing lessons from the domestic laws of some developed countries and applying them in the construction of international law. An international fund system for preventing and controlling oil pollution from offshore drilling is put forward. Furthermore, the scope of international aid should be clarified. Aiming at the damage to human health caused by oil pollution of offshore drilling platforms and the damage to related industries, different statute of limitations is proposed to better protect the rights and interests of victims. To clarify the jurisdiction of international judicial organs and to give appropriate criminal jurisdiction to the Chamber for Marine Environment disputes.
【学位授予单位】：沈阳工业大学
【学位级别】：硕士
【学位授予年份】：2016
【分类号】：D996.9
【参考文献】
相关期刊论文 前10条
1 黄凤兰;王溶Z，
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