论船舶油污损害的损失分担

船舶油污损害损失分担是指由导致油污损害的船舶所有人、石油进口商和船旗国等主体,按照一定的归责原则和赔偿序位,对船舶跨界油污损害的受害者所遭受的损失分担赔偿义务的法律机制。从20世纪60年代末开始,国际社会逐步建立了船舶油污损害损失分担的制度模式,确立了民事责任人的限额民事责任和石油进口方的限额赔偿义务,但没有涉及船旗国的国际赔偿责任。从船舶油污损害损失分担的概念入手,对现行分担船舶油污损害损失的主体及其局限性进行分析,论述建立有船旗国参与的船舶油污损害三级赔偿机制的基本框架及其意义。

On allocation of loss for oil pollution damage caused by ships

Allocation of loss for oil pollution damage caused by ships is an institutional system by which ship owners who cause pollution,oil importers as beneficiaries and flag states of ships allocate loss to compensate victims according to certain sequence and rules.Establishing and perfecting a legal mechanism to ensure victims for timely and sufficient compensation is important.At the end of 1960s,the international community has gradually set up an institutional compensation model on oil pollution damage caused by ships,by which ship owners who cause pollution bear liability for damage and oil importers allocate some loss as beneficiaries.However,this mechanism does not address any international liability for flag state.This article attempts to perfect the mechanism of three-level compensation by establishing the international liability of flag state.