鉆井平臺造成跨界油污損害的法律責任研究
發(fā)布時間：2018-10-20 14:07
【摘要】：自從20世紀中期以來，海上石油工業(yè)開始得到了迅猛的發(fā)展。在過去的幾十年，石油工業(yè)從淺海到深海再到超深海不斷擴張，隨之而來的是石油鉆井平臺數(shù)量的不斷增加。目前，全球大約有6000座營運中的海洋油氣平臺，包括固定式鉆井平臺、移動式鉆井平臺和水下開采設(shè)備，規(guī)模從幾千噸到幾十萬噸不等。然而隨著鉆井平臺數(shù)量的增加以及其海上作業(yè)重要性的提高，其帶來的污染也不可避免。雖然鉆井平臺的作業(yè)活動基本上是在近海區(qū)域進行，但是它們引起的污染卻有跨界的危險。在鉆井平臺事故造成跨界油污損害后，不可避免的會出現(xiàn)各種法律責任的追究問題。鑒于現(xiàn)有的研究主要集中在鉆井平臺作業(yè)造成一國范圍內(nèi)的污染和國內(nèi)法意義上的求償，其跨界污染目前還未得到足夠的重視，因此本文主要從鉆井平臺作業(yè)造成跨界油污損害的角度來分析其法律責任問題。 本文第一章從界定鉆井平臺及其與船舶的法律關(guān)系入手，進而分析鉆井平臺作業(yè)造成跨界油污損害的范圍和特征。第二章，主要分析鉆井平臺作業(yè)造成跨界油污損害的民事責任問題，具體探討了民事責任的歸責原則和免責事由、權(quán)利主體和責任主體、賠償范圍以及責任限制等。第三章，對鉆井平臺作業(yè)造成跨界油污損害的國家責任問題進行了分析，具體包括傳統(tǒng)的國家責任和國際賠償責任在該領(lǐng)域進行適用所應(yīng)具備的條件以及在實際操作中所存在的問題。第四章，在具體闡述《關(guān)于危險活動造成的跨界損害案件中損失分配的原則草案》的基礎(chǔ)上，對該原則草案的損失分配模式在鉆井平臺跨界油污損害中的適用進行了具體論證，以期能夠為跨界損害的受害者提供及時和充分的賠償提供新的思路。在結(jié)論部分，對鉆井平臺跨界油污損害的法律責任追究問題提出了完善路徑。其一，目前，雖然存在眾多關(guān)于海洋環(huán)境保護的公約和協(xié)定，但卻沒有任何一部是專門解決海上石油開采引起的油污損害賠償問題的。因此在國際法層面上，應(yīng)該加強該領(lǐng)域的國際海商事立法，改變統(tǒng)一的海上石油開發(fā)油污損害公約缺失的現(xiàn)狀，避免發(fā)生跨界損害時因各國國內(nèi)法不一致而使受害人求償面臨困境，使爭議能夠迅速及時解決。其二，，應(yīng)對《關(guān)于危險活動造成的跨界損害案件中損失分配的原則草案》中的損失分配模式進行完善，努力構(gòu)建鉆井平臺損害賠償?shù)膰鴥?nèi)機制和國際合作機制，以充分而迅速賠償損害、保護環(huán)境。其三，借鑒美國等發(fā)達國家的立法經(jīng)驗，不斷完善我國鉆井平臺油污損害的法律法規(guī)，建立鉆井平臺的油污損害賠償基金和強制保險制度。同時，我國應(yīng)該積極倡導和參與國際社會關(guān)于鉆井平臺油污損害的立法活動，以便能在跨界油污損害的防治問題上取得國際立法主動權(quán)，從而更好處理相關(guān)的油污損害事件、保護我國的海洋環(huán)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.
【學位授予單位】：華東政法大學
【學位級別】：碩士
【學位授予年份】：2012
【分類號】：D996
本文編號：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.
【學位授予單位】：華東政法大學
【學位級別】：碩士
【學位授予年份】：2012
【分類號】：D996
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