Civil liability for oil pollution damage caused by ships: Chinese legal system and reference to Vietnam

Tan, Pham Van

doi:10.1080/23311975.2019.1699285

Cited by 2 publications

(1 citation statement)

References 4 publications

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“…These laws and regulations define the principles, scope, procedures, and subjects of responsibility for Marine ecological compensation, laying the groundwork for the implementation of scientific and rational compensation measures (Cui and Xu, 2020). According to China's legal system, the primary goals of marine ecological compensation are to protect the marine ecological environment, prevent and control marine pollution, maintain the marine ecological balance, and achieve sustainable use of marine resources (Tan, 2019).…”

Section: Introductionmentioning

confidence: 99%

Problems identification and improvement path of China’s marine ecological compensation legal system

Wang

2023

Front. Mar. Sci.

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In China’s marine industry, which has been growing quickly over the past few years, marine ecological compensation has been a critical framework for safeguarding the marine environment. Through the text analysis of the China’s marine ecological compensation legal system, this study found that there are multiple defects in it, including institutional supply shortage leads to lack of coordination and dispersion in China’s marine ecological compensation legislative system, the absence of legislative concept of ‘land-sea overall planning’ in China’s marine ecological compensation legal system, limited scope of China’s marine ecological compensation, lack of clear standards for marine ecological compensation, the relationship between marine planning and the marine ecological compensation system is not straightforward, and insufficiency of regulation on the marine ecological compensation. The paper suggests that priority should be given to developing a multi-level legal system for compensating marine ecological damage, the legal method of achieving ‘land-sea overall planning’ and a compensation mechanism that combines a variety of compensation methods with a scientific and reasonable standard should be established within China’s ecological compensation legal system, marine ecological compensation should be incorporated into marine planning and the separation of powers and implementation of the marine ecological compensation regulation should be enhanced.

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Section: Introductionmentioning

confidence: 99%

Problems identification and improvement path of China’s marine ecological compensation legal system

Wang

2023

Front. Mar. Sci.

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Limitation of liability for maritime claims in civil law of the People's Republic of China

Skaridov¹

2021

Право И Политика

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This article reviews the relevant issue of civil law regulation in the sphere of freight transportation. China is seeking for new safe routes for freight transportation to the European market, including sea routes, giving preference to the Northern Silk Road. The subject of this research is the comprehension of individual provisions of the Chinese legislation that are specific to both Russian and international law. The object of this research is the determination of peculiarities of the law of the sea, namely the question of limitation of liability for maritime claims in civil law of the People's Republic of China. Special attention is given to the aspect of harmonization of the norms of the Civil Code of the People's Republic of China and the Merchant Shipping Code the Russian Federation in this issue. The acquired results demonstrate the shared interest of the two countries lies in the routes of the Northern Sea Road, which actualizes the problem of harmonization of legislation. The government of the Russian Federation and the People’s Republic of China declare the need for harmonization of legal norms that regulate merchant shipping. Leaning on one of the normative fragments related to joint maritime operations along the routes of the Northern Silk Road, the author concludes that further development of cooperation and expansion of the list of bilateral issues of normative legal regulation in this sphere requires a collective plan aimed at harmonization of legislation based on the Treaty of Good-Neighborliness and Friendly Cooperation between the People's Republic of China and the Russian Federation.

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Civil liability for oil pollution damage caused by ships: Chinese legal system and reference to Vietnam

Cited by 2 publications

References 4 publications

Problems identification and improvement path of China’s marine ecological compensation legal system

Problems identification and improvement path of China’s marine ecological compensation legal system

Limitation of liability for maritime claims in civil law of the People's Republic of China

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