Marine pollution from oil spills at sea : legal framework in China related to offshore platforms and its prevention : a comparative analysis

Abstract

This dissertation starts with the conceptual difference between a platform and a ship, then introducing the relevant international conventions for the prevention of oil spills from offshore platforms, analyzing Chinese domestic law for oil pollution prevention from offshore platforms, and examining the Bohai Bay oil spill incident. As for international conventions, UNCLOS is the leader in regards to marine environmental protection and contributes to the overall and general stipulations for the protection of the oceans from pollution. Offshore oil exploration and development activities have also been involved, however, China still has many problems in offshore oil legislation. With the increase of oil spills at sea, laws of oil pollution prevention have gradually become the focus of China’s work to protect the marine environment. In order to promote the awareness for the prevention of marine oil pollution from offshore platforms in China,, the Chinese government should first and foremost pay attention to the prevention of oil pollution from offshore platforms and increase public awareness. Secondly, the legal framework of prevention of oil pollution should be a combination of a legislation and an enforcement system, not simply an improvement of a legislation. A unified maritime law enforcement system should also be established and finally, China should learn from the experience of legal practice of the international community to strengthen international cooperation. In short, the process of protecting the marine ecological environment and maintaining the balance of marine eco-systems is a difficult and long process which needs the active participation and the unremitting efforts of every member of society.