論船舶油污賠償限額及保險責任

The Research on the Maritime Limitation Regime and Insurance Liability of Oil Pollution Claims from Ships

海洋法公約規定國家有保護海洋環境之國際義務，且應制定其法律制度，擬訂強制保險或補償基金等適當給付賠償之標準及程序，對於污染海洋環境所造成損害給予迅速而適當之補償。國際海事組織(IMO)相繼制定通過有關船舶污染損害民事責任的國際公約，其立法模式係課予船舶所有人應負限額無過失責任，並採取強制保險及直接訴權制度，藉由無過失責任之建立與責任保險有效地將損害移轉至保險人，建立損害分散的機制，以平衡航運貿易發展與海洋環境保護。我國海商法基於鼓勵航海政策，對船舶所有人採取特別保護措施，設有船舶所有人責任限制之規定，但不適用於油污染損害之情形，且海洋污染防治法對責任限制並無規定，故船舶油污損害在我國成為無限責任之嚴格立法，有違國際趨勢。
臺灣四面環海，多次發生船舶油污損害事故，觀察海事責任求償處理過程，存在諸多法律規範及適用之爭議。爰此，本文旨在分析船舶污染民事責任國際公約之規範內容，以釐清國際規範之理論基礎與法制架構；其次，闡釋海事求償責任限制的適用原則及發展趨勢，並論述海事國際公約污染責任強制保險之立法政策，藉以對我國現行海商法及海洋污染防治法相關規定進行全面檢討。最後，文末擬具修正條文，期得以供日後我國主管機關之修法參酌，以期促成船舶污染海事責任法制之完整建構。

States are responsible for the fulfilment of their international obligations concerning the protection and preservation of the marine environment under the United Nations Convention on the Law of the Sea (UNCLOS). States shall ensure that recourse is available in accordance with their legal systems for prompt and adequate compensation or other relief in respect of damage caused by pollution of the marine environment. With the objective of assuring prompt and adequate compensation in respect of all damage caused by pollution of the marine environment, States shall ensure that their legal system is available as well as develop the criteria and procedures for payment of adequate compensation, such as compulsory insurance or compensation funds. The International Maritime Organization (IMO) has successively enacted the relevant international conventions on civil liability for oil pollution damage, which provides that shipowners should take limited liability without fault and adopt compulsory insurance and direct action to balance the development of shipping trade and marine environmental protection. Based on the public policy of promoting international trade and navigation, Maritime Law adopts special protective measures for the limitation of liability of shipowners. However, the limitation of liability does not apply to oil pollution damage, and the Marine Pollution Control Act does not provide for limitation of liability. As a result, oil pollution damage has become strict legislation with unlimited liability in Taiwan, contrary to international legislation.
Taiwan is surrounded by sea and has experienced several oil pollution damages from marine casualties. Many disputes over legal regulations and their application can still be found during the maritime claims process. Therefore, this paper aims to analyze the regulatory content of international conventions on civil liability for oil spill pollution from ships in order to clarify the theoretical basis and legal framework of international conventions. In addition, this paper explains the applicable principles and development trends of maritime limitation of liability and discusses the legislative policy of compulsory insurance under international conventions so as to conduct a comprehensive review of the relevant provisions of current Maritime Law and the Marine Pollution Control Act in Taiwan. Eventually, this paper proposes potential amendments to the competent authorities for legal reforms to promote the legal system’s reconstruction for marine oil spill pollution liability from ships.