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Meaning and Limitation of Government Intervention for the Mass Environmental Disaster, Ideas for Mediative Compensation System - Focusing on BP and Hebei Spirit Oil Spill cases -

  • Public Land Law Review
  • Abbr : KPLLR
  • 2013, 62(), pp.439-465
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

Kim, Jae Sun 1

1중앙선거관리위원회

Accredited

ABSTRACT

How much government should interfere regarding the private disputes? If it is about the mass environmental disaster, government should act more actively to recover damages of individuals and corporations?This article studies two oil spill cases in U.S.A. and South Korea. Both cases incurred serious economic and environmental damages for the people around the shore by oil spills. After the accident, U.S. government made a new mediative compensation system and Korea government created a new law to recover the people. Although there were legislations for the unexpected accidents, the recovery in the legal process takes a lot of time which might make useless for the victims. In this situation, governments' action to force the recovery worked to facilitate the process. However, it also accompanied of uncertainty because it was in the middle of a political and legal action. In USA, mediative compensation system was created to recover 9.11 victims. The new system which added court’s overseeing and multiple administrative venders put more emphasis on justice in the process. This efforts made quite advanced process than the former oil spill case(Exxon Valdez case) which took 20 years to compensate for the victims. Therefore, we need to consider more systemetic approach to make a legal system for the oil spills which compromise mediative compensation system etc.

Citation status

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