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Summary of IOT Publications

Title Studies on International Maritime Conventions (7) - The Establishment of an ROC Legal System to Determine Civil Liabilities Arising from Ocean Oil Pollution
Dept IOT
Year 1997
Summary The ROC is not a contracting party of the CLC Convention 1969 and FUND Convention 1971, as well as their protocols. Once there is an accident of oil tank occurring in or near the ROC's territorial seas, the victims of our country can only sue in tort for the compensation. Under such circumstances, they may not obtain sufficient compensation within a reasonable period, or may not even obtain any compensation at all. This research aims to establish a ROC legal system in order to overcome the above difficulties. It contains:

1) the provisions of shipowners' liability, the exemptions and liability limitation in an oil pollution event;

2) the procedure of bringing an action against the shipowners, and how the shipowners can deposit a guarantee in order to release their ships;

3) a feasibility study of establishing a fund by collecting certain amount of money from the importers of oil based on the quantity of the oil imported;

4) a draft statute governing

Post date 1997-11-11
Count Views:480
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