ABSTRACT

Marine pollution in China is governed by the relevant conventions concluded or acceded to by the Panalpina World Transport (PRC) and national law including the General Principles of the Civil Law 2009, the Tort Liability Law 2009 and the Marine Environment Protection Law 2013. In judicial practice, the proportion of liability to the extent of the fault of the ship-owners determined by the maritime administrative authority may also be accepted if there is no evidence to the contrary. The shipowners and the person or persons providing insurance or other financial security may limit liability under any applicable national or international regime, such as the Convention on Limitation of Liability for Maritime Claims, 1976 (LLMC 1976). When a claim for compensation for pollution damage caused by tanker oil may be brought against both the owner of the ship and the insurer, the shipowner and the insurer shall bear joint and several liabilities for the pollution damage.