钻井平台造成跨界油污损害的法律责任研究
发布时间：2018-10-20 14:07
【摘要】：自从20世纪中期以来，海上石油工业开始得到了迅猛的发展。在过去的几十年，石油工业从浅海到深海再到超深海不断扩张，随之而来的是石油钻井平台数量的不断增加。目前，全球大约有6000座营运中的海洋油气平台，包括固定式钻井平台、移动式钻井平台和水下开采设备，规模从几千吨到几十万吨不等。然而随着钻井平台数量的增加以及其海上作业重要性的提高，其带来的污染也不可避免。虽然钻井平台的作业活动基本上是在近海区域进行，但是它们引起的污染却有跨界的危险。在钻井平台事故造成跨界油污损害后，不可避免的会出现各种法律责任的追究问题。鉴于现有的研究主要集中在钻井平台作业造成一国范围内的污染和国内法意义上的求偿，其跨界污染目前还未得到足够的重视，因此本文主要从钻井平台作业造成跨界油污损害的角度来分析其法律责任问题。 本文第一章从界定钻井平台及其与船舶的法律关系入手，进而分析钻井平台作业造成跨界油污损害的范围和特征。第二章，主要分析钻井平台作业造成跨界油污损害的民事责任问题，具体探讨了民事责任的归责原则和免责事由、权利主体和责任主体、赔偿范围以及责任限制等。第三章，对钻井平台作业造成跨界油污损害的国家责任问题进行了分析，具体包括传统的国家责任和国际赔偿责任在该领域进行适用所应具备的条件以及在实际操作中所存在的问题。第四章，在具体阐述《关于危险活动造成的跨界损害案件中损失分配的原则草案》的基础上，对该原则草案的损失分配模式在钻井平台跨界油污损害中的适用进行了具体论证，以期能够为跨界损害的受害者提供及时和充分的赔偿提供新的思路。在结论部分，对钻井平台跨界油污损害的法律责任追究问题提出了完善路径。其一，目前，虽然存在众多关于海洋环境保护的公约和协定，但却没有任何一部是专门解决海上石油开采引起的油污损害赔偿问题的。因此在国际法层面上，应该加强该领域的国际海商事立法，改变统一的海上石油开发油污损害公约缺失的现状，避免发生跨界损害时因各国国内法不一致而使受害人求偿面临困境，使争议能够迅速及时解决。其二，，应对《关于危险活动造成的跨界损害案件中损失分配的原则草案》中的损失分配模式进行完善，努力构建钻井平台损害赔偿的国内机制和国际合作机制，以充分而迅速赔偿损害、保护环境。其三，借鉴美国等发达国家的立法经验，不断完善我国钻井平台油污损害的法律法规，建立钻井平台的油污损害赔偿基金和强制保险制度。同时，我国应该积极倡导和参与国际社会关于钻井平台油污损害的立法活动，以便能在跨界油污损害的防治问题上取得国际立法主动权，从而更好处理相关的油污损害事件、保护我国的海洋环境。
[Abstract]:Since the mid-20th century, the offshore oil industry has developed rapidly. In the past few decades, the oil industry has been expanding from shallow to deep sea to super deep sea, followed by the increasing number of oil drilling platforms. Currently, there are about 6000 offshore oil and gas platforms in operation around the world, including fixed drilling platforms, mobile drilling platforms and underwater drilling equipment, ranging in size from several thousand tons to hundreds of thousands of tons. However, with the increase of the number of drilling platforms and the importance of offshore operations, the pollution caused by drilling platforms is inevitable. Although the operation of drilling platforms is basically carried out in offshore areas, the pollution they cause is dangerous across borders. After the oil pollution damage caused by drilling platform accident, various kinds of legal liability will inevitably appear. In view of the fact that existing research focuses on pollution within the scope of a country and claims in the sense of domestic law resulting from the operation of drilling platforms, its transboundary pollution has not been given sufficient attention at present, Therefore, this paper analyzes the legal liability from the point of view of transboundary oil pollution damage caused by drilling platform operation. The first chapter begins with the definition of drilling platform and its legal relationship with ships, and then analyzes the scope and characteristics of transboundary oil pollution damage caused by drilling platform operation. The second chapter mainly analyzes the civil liability of transboundary oil pollution damage caused by drilling platform operation, and discusses the principles of liability attribution and exemption, the subject of right and responsibility, the scope of compensation and the limitation of liability. In chapter 3, the State liability for transboundary oil pollution damage caused by drilling platform operation is analyzed. It includes the conditions for the application of traditional state responsibility and international liability in this field and the problems in practice. Chapter IV, on the basis of the detailed elaboration of the draft principles on the allocation of loss in the case of transboundary harm caused by hazardous activities, the application of the loss allocation model of the draft principle to transboundary oil pollution damage from drilling platforms is demonstrated in detail. In order to provide prompt and adequate compensation for victims of transboundary harm. In the conclusion part, the author puts forward the perfect way to investigate the legal liability of oil pollution damage. Firstly, although there are many conventions and agreements on the protection of marine environment, none of them is specialized in solving the problem of compensation for oil pollution damage caused by offshore oil exploitation. Therefore, at the level of international law, we should strengthen the international maritime commercial legislation in this field and change the status quo of the lack of a unified convention on oil pollution damage from offshore oil exploitation. When the transboundary harm is avoided, because of the inconsistency of the domestic law of various countries, the victim's claim is confronted with difficulties, and the dispute can be resolved promptly and promptly. Second, the model of loss allocation in the draft principles on the allocation of loss in cases of Transboundary harm caused by Hazardous activities should be improved and efforts should be made to build domestic and international cooperation mechanisms for drilling platform damage compensation. To fully and promptly compensate for the damage and protect the environment. Third, drawing lessons from the legislative experience of developed countries such as the United States, we should constantly improve the laws and regulations of oil pollution damage on drilling platforms in our country, and establish the oil pollution compensation fund and compulsory insurance system of drilling platforms. At the same time, China should actively advocate and participate in the legislative activities of the international community on oil pollution damage from drilling platforms, so as to gain the international legislative initiative on the prevention and control of transboundary oil pollution damage, so as to better deal with the related oil pollution damage incidents. Protect the marine environment of our country.
【学位授予单位】：华东政法大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D996
本文编号：2283400
[Abstract]:Since the mid-20th century, the offshore oil industry has developed rapidly. In the past few decades, the oil industry has been expanding from shallow to deep sea to super deep sea, followed by the increasing number of oil drilling platforms. Currently, there are about 6000 offshore oil and gas platforms in operation around the world, including fixed drilling platforms, mobile drilling platforms and underwater drilling equipment, ranging in size from several thousand tons to hundreds of thousands of tons. However, with the increase of the number of drilling platforms and the importance of offshore operations, the pollution caused by drilling platforms is inevitable. Although the operation of drilling platforms is basically carried out in offshore areas, the pollution they cause is dangerous across borders. After the oil pollution damage caused by drilling platform accident, various kinds of legal liability will inevitably appear. In view of the fact that existing research focuses on pollution within the scope of a country and claims in the sense of domestic law resulting from the operation of drilling platforms, its transboundary pollution has not been given sufficient attention at present, Therefore, this paper analyzes the legal liability from the point of view of transboundary oil pollution damage caused by drilling platform operation. The first chapter begins with the definition of drilling platform and its legal relationship with ships, and then analyzes the scope and characteristics of transboundary oil pollution damage caused by drilling platform operation. The second chapter mainly analyzes the civil liability of transboundary oil pollution damage caused by drilling platform operation, and discusses the principles of liability attribution and exemption, the subject of right and responsibility, the scope of compensation and the limitation of liability. In chapter 3, the State liability for transboundary oil pollution damage caused by drilling platform operation is analyzed. It includes the conditions for the application of traditional state responsibility and international liability in this field and the problems in practice. Chapter IV, on the basis of the detailed elaboration of the draft principles on the allocation of loss in the case of transboundary harm caused by hazardous activities, the application of the loss allocation model of the draft principle to transboundary oil pollution damage from drilling platforms is demonstrated in detail. In order to provide prompt and adequate compensation for victims of transboundary harm. In the conclusion part, the author puts forward the perfect way to investigate the legal liability of oil pollution damage. Firstly, although there are many conventions and agreements on the protection of marine environment, none of them is specialized in solving the problem of compensation for oil pollution damage caused by offshore oil exploitation. Therefore, at the level of international law, we should strengthen the international maritime commercial legislation in this field and change the status quo of the lack of a unified convention on oil pollution damage from offshore oil exploitation. When the transboundary harm is avoided, because of the inconsistency of the domestic law of various countries, the victim's claim is confronted with difficulties, and the dispute can be resolved promptly and promptly. Second, the model of loss allocation in the draft principles on the allocation of loss in cases of Transboundary harm caused by Hazardous activities should be improved and efforts should be made to build domestic and international cooperation mechanisms for drilling platform damage compensation. To fully and promptly compensate for the damage and protect the environment. Third, drawing lessons from the legislative experience of developed countries such as the United States, we should constantly improve the laws and regulations of oil pollution damage on drilling platforms in our country, and establish the oil pollution compensation fund and compulsory insurance system of drilling platforms. At the same time, China should actively advocate and participate in the legislative activities of the international community on oil pollution damage from drilling platforms, so as to gain the international legislative initiative on the prevention and control of transboundary oil pollution damage, so as to better deal with the related oil pollution damage incidents. Protect the marine environment of our country.
【学位授予单位】：华东政法大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D996
【参考文献】
相关期刊论文 前5条
1 张丽娜;;南海石油开发中的海上强制保险机制[J];法学杂志;2010年01期
2 李志刚;;墨西哥湾漏油事故各方赔偿责任划分分析及启示[J];国际石油经济;2010年08期
3 张爽;李桢;张硕慧;;近岸钻井平台造成的海洋污染及国际海事立法[J];中国海事;2010年08期
4 冷新宇;;对英国石油公司墨西哥湾漏油事件的国际环境法思考——从习惯法的角度考察[J];江海学刊;2010年05期
5 彭先伟;;海洋石油开发与污染:兼评美国墨西哥湾溢油事故的海事赔偿责任限制问题[J];中国海商法年刊;2010年04期
相关博士学位论文 前1条
1 李伟芳;跨界环境损害法律责任论[D];华东政法大学;2007年
相关硕士学位论文 前2条
1 李晓皓;近岸钻井平台造成油污损害赔偿法律问题研究[D];中国政法大学;2011年
2 马玲;移动式钻井平台保险研究[D];大连海事大学;2009年
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