英文摘要 |
The institution of the compensation for oil pollution damage of U.S. is mainly constructed by the Oil Pollution Act of 1990 (OPA90). In the oil leak in the Gulf of Mexico, the owners, lessees and licensees are all entitled to the limitation of liability for oil pollution under OPA90. However, faced with the strict conditions of liability limitation under OPA90, British Petroleum Company finally gave up the limitation of $75 million. The offshore platform is not the traditional object of maritime law regimes, but a separate legal object. The compensation for the oil pollution damage by offshore drilling platform has its particularity. China should reflect on its lack of applicable law on the oil pollution of offshore drilling platform, establish a separate legal system for the oil pollution damage by offshore drilling platforms, give drilling platform the right of limitation of liability, calculate the limitation of liability on the「accident」basis, establish strict conditions for the limitation of liability, and objectify the burden of proof in the losing of limitation. |