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Civil Liability for Shipborne HNS Pollution Damage in China

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2025, 13(2), pp.39~76
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law
  • Received : April 15, 2025
  • Accepted : May 23, 2025
  • Published : May 31, 2025

Yu Bao 1 Ji Sang Gyu 1

1한국해양대학교

Accredited

ABSTRACT

Due to the continuous development of maritime transportation, the ocean is increasingly affected by pollution caused by ships. The international community is trying to reduce or prevent the risk of such marine pollution through extensive laws and policies, but the main cause of marine pollution is not only accidents caused by ship oil spills, but also marine pollution caused by hazardous substances (HNS) transported by ships, which is as serious as oil pollution. Despite this, China currently has almost no laws related to the restriction and control of hazardous substances (HNS) for marine pollution prevention. Regarding the control of such hazardous substances (HNS), the international community is trying to effectively prevent and manage them through international conventions. The result of such efforts by the international community is the HNS Convention. This convention establishes a dual compensation mechanism through an international fund to effectively secure damages caused by hazardous substances (HNS) transported by ships. This compensation mechanism protects victims by applying no-fault liability to the responsible party, and tries to distribute the responsibility between carriers and shippers evenly by forcing shippers of large quantities of hazardous substances (HNS) to accumulate a certain amount of funds. Accordingly, this paper aims to study the compensation system for international agreements related to hazardous substances (HNS), the status of damage caused by hazardous substances in China, and the application of international agreements to Chinese law.

Citation status

* References for papers published after 2023 are currently being built.