A Case Study of Compensation for Marine Oil Pollution Damage: Centering at the Compensation Claim of the Amorgos Oil Pollution Accident

摘要

On 14 January 2001, the Greek MV Amorgos grounded in offshore Kenting, Taiwan, and caused serious oil leakage. Catastrophically impacted Taiwan's environment & ecology and causing significant economic loss. The Amorgos accident was the first typical oil pollution case caused by a non-oil tanker following the passing of Taiwan's Marine Pollution Control Act. The thesis shall look at the controversies arising along the compensation claim process, including scope of damage for compensation, legitimacy of claimant (s), legal jurisdiction, and responsible party/parties. The Bunkers Convention 2001, which was resolved by the International Maritime Organization and has taken effect as of 21 November 2008, not only fine tunes its control on oil tankers but also better defines damage caused by oil tank spill accidents. The thesis shall examine Taiwan's current marine oil pollution compensation institution from the viewpoint of the Convention. Taiwan's main law that regulates marine oil pollution is the Marine Pollution Control act. However, it not only is disconnected with international laws and shipping practices in terms of definitions of responsible entities, scope of responsibilities, mandatory insurances, etc., but also lacks a readily-established oil pollution damage compensation foundation. Moreover, " the Maritime Law" of Taiwan that imposes unlimited liability for oil pollution damage is not in line with relevant international institutions. As Taiwan is not a member of the International Convention on Civil Liability for Oil Pollution Damage 1969, the thesis shall advert to the development of responsibility forcivil torts, basis of rights of claim, burden of proof, scope of compensation, etc., analyze the Amorgos oil pollution compensation case of Taiwan, comment on its legal loopholes, and propose recommendations for amendments.