{"title":"船舶油污损害民事责任强制保险研究:对公约下没有正式义务的小型船舶有何规定?","authors":"Pham Van Tan","doi":"10.1080/18366503.2020.1834064","DOIUrl":null,"url":null,"abstract":"ABSTRACT The nature of compulsory insurance for civil liability for oil pollution damage is to ensure that the persons who have suffered loss from oil pollution will be compensated. It always guarantees the availability of indemnification to the victim of oil pollution. Under current international law, tankers of less than 2000 tonnes have no obligation under the International Convention to obtain financial insurance for oil pollution. However, even spills from small tankers could cause significant damage to the environment in a sensitive location. Aware of the problem, some State parties have taken unilateral action through national law to regulate even smaller tankers for the purposes of liability and compensation for oil pollution damage. Within the scope of this article, the author will analyze provisions for compulsory insurance for civil liability for oil pollution damage for small ships that have no obligation under the international convention.","PeriodicalId":37179,"journal":{"name":"Australian Journal of Maritime and Ocean Affairs","volume":"6 1","pages":"113 - 121"},"PeriodicalIF":0.0000,"publicationDate":"2020-10-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"1","resultStr":"{\"title\":\"A study of compulsory insurance for civil liability for oil pollution damage caused by ships: what are the rules for small ships that have no formal obligations under the convention?\",\"authors\":\"Pham Van Tan\",\"doi\":\"10.1080/18366503.2020.1834064\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"ABSTRACT The nature of compulsory insurance for civil liability for oil pollution damage is to ensure that the persons who have suffered loss from oil pollution will be compensated. It always guarantees the availability of indemnification to the victim of oil pollution. Under current international law, tankers of less than 2000 tonnes have no obligation under the International Convention to obtain financial insurance for oil pollution. However, even spills from small tankers could cause significant damage to the environment in a sensitive location. Aware of the problem, some State parties have taken unilateral action through national law to regulate even smaller tankers for the purposes of liability and compensation for oil pollution damage. Within the scope of this article, the author will analyze provisions for compulsory insurance for civil liability for oil pollution damage for small ships that have no obligation under the international convention.\",\"PeriodicalId\":37179,\"journal\":{\"name\":\"Australian Journal of Maritime and Ocean Affairs\",\"volume\":\"6 1\",\"pages\":\"113 - 121\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2020-10-15\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"1\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Australian Journal of Maritime and Ocean Affairs\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1080/18366503.2020.1834064\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Australian Journal of Maritime and Ocean Affairs","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1080/18366503.2020.1834064","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
A study of compulsory insurance for civil liability for oil pollution damage caused by ships: what are the rules for small ships that have no formal obligations under the convention?
ABSTRACT The nature of compulsory insurance for civil liability for oil pollution damage is to ensure that the persons who have suffered loss from oil pollution will be compensated. It always guarantees the availability of indemnification to the victim of oil pollution. Under current international law, tankers of less than 2000 tonnes have no obligation under the International Convention to obtain financial insurance for oil pollution. However, even spills from small tankers could cause significant damage to the environment in a sensitive location. Aware of the problem, some State parties have taken unilateral action through national law to regulate even smaller tankers for the purposes of liability and compensation for oil pollution damage. Within the scope of this article, the author will analyze provisions for compulsory insurance for civil liability for oil pollution damage for small ships that have no obligation under the international convention.