Transnational of Ocean Pollution and Subject of Criminal of Ship Oil Pollution

摘要

Along with the world economy' s fast development,the ocean is suffering from more and more serious pollutions,the quality of sea area environments declining apparently,the ecological environments deteriorating day by day,and all these generate harmful influences towards biological resources and people' s health as well.The transnational of ocean pollution may become a stumbling block to the development of world economy and international relationships and must be put into high attention.This article analyzed the mechanism and characteristics of transnational ocean pollutions systematically,the legal responsibilities of dealing with transnational ocean pollutions; introduced the legal practices and general conventions which have a certain maneuverability.At present,criminalization of crew is greatly concerned by international community.In 2005,Pollution from Ships of Offenses and the Punishment of Law passed by the European Parliament,imposing punitive sanctions on seafarers attracted wide reactions within maritime circles.Before the latest steps by the EU,three incidents involving pollution had already occurred on separate occasions,in France,in Spain,and in Pakistan.The one in France led to the detention of the master,just as the one in Spain led to the arrest and trial of the Captain.In the case of Pakistan,seven crewmembers and the salvage master (who only arrived in Karachi four days after the vessel had broken in two in replacement of the original salvage master who had been evacuated after being overcome by fumes) were detained.All,as a result of accidents which occurred to the vessels,occasioning oil spills to the coastal marine environment of the States are concerned.In February 2005,the International Federation of Sea Masters Association (IFSMA) held an international conference on "the captain and crew act against oil pollution of the ship" in London,which was a wide-ranging discussion of the criminal subjects.In the author' s opinion,the subjects of criminal include the ship owners,crew,pilot,salvor and person on behalf of the Master.The complicity is also analyzed in the article.