China is in dire need of a compensation mechanism for ocean
pollution, especially for oil spills.
A complete and unified compensation mechanism is one of the
highlights of the International Conference on Marine Pollution
Prevention and Legal Remedies taking place in Nanjing, capital of
east China’s Jiangsu
Province. The conference runs until Wednesday.
More than 140 officials, experts and scholars from eight
countries are attending the conference. Topics include research on
prevention of marine pollution and legal remedies as well as
pollution along rivers that empty into the sea.
Chen Jian, of the Tianjin Maritime Safety Administration (MSA),
said a workable mechanism has not been established for compensation
of damages caused by pollution of the sea. The results are delayed
or non-existent payments.
This not only damages the prestige of maritime departments but
may also exert negative influence on the economic development of
some regions.
Wu Xianfeng, an official from the State Environmental
Protection Administration, suggested that a fund be created to
ensure compensation for damages is promptly paid.
Han Guangming and Ji Yuanjun from the MSA of Nantong, a port
city in Jiangsu Province, said specific legislation in respect to
compensation for ship oil pollution damage should be drawn up as
soon as possible.
In November 1969, the International Convention on Civil
Liability for Oil Pollution Damage, the first of its kind in the
world, was adopted in Brussels. China ratified the convention and
became a member state. China is also a member of a second
convention developed in 1992, which requires that the owners of the
culprit ship compensate the victims of oil pollution.
More than 200 million tons of oil are transported each year in
China.
The Shanghai Maritime University reports that between 1973 and
2000, there were 29 serious accidents involving oil tanker spills.
Seven involved foreign tankers, which paid an average of 8.3
million yuan (US$998,000) in compensation.
However, of the 22 spills involving Chinese tankers, payment was
made in just nine cases. Each paid an average of only 1.5 million
yuan (US$184,000).
(
China Daily July 6, 2004)