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Study on Oil Pollution Accidents in terms of the Private International Law

  • Journal of International Business Transactions Law
  • Abbr : IBT
  • 2015, (14), pp.77-96
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law > Private Law > International Commercial Transactions Law

Cheong Yeong Seok 1

1한국해양대학교 해사법학부 교수

Candidate

ABSTRACT

Oil pollution cases make great legal disputes. When these accidents occur, most disputes are focused on the size of the damage and aiding of the victims. But unexpectedly the IOPC Fund raised an indemnity suit against Samsung Heavy Industries at the Ningbo Maritime Court, China with relation to the towing vessels which collided with the oil tanker in MT Hebei Spirit accident. Since this accident, in oil pollution cases as with other cases, it has been recognized that indemnity claims of the tanker vessels as well as damage claims of the victims under the Oil Pollution Compensation Act(OPCA) should be considered together. Consideration on the Private International Law is necessary because the resolution of an accident should begin from the decisions on the international jurisdictions, the civil jurisdictions, and the applicable laws of the respective claims. It is because where the ship is registered, where the accident occured, where the damage occured, and the crew members’ nationalities can be different. The following issues have been studied: the right to claim damages under 「OPCA」 and application to limit the ship owners' liability in severe oil pollution cases; issues with international jurisdiction, civil jurisdiction, and applicable laws for damage claims in vessel collision cases. This paper can provide practical help with interpretive standards by reviewing the civil issues.

Citation status

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