Assessing China's legislation on compensation for marine ecological damage : a case study of the Bohai oil spill

摘要

The Bohai oil spill was caused by offshore drilling activity in China in 2011, and challenged, the legal framework of the compensation regime for marine ecological damages. This article provides a detailed analysis of China's legislation relating to compensation for marine ecological damages. After discussions about legal issues involved, including those concerning the definition of "marine, ecological damage", the parties who are qualified to claim for damages, the scope of compensation, the compensation limits, and the evaluation criteria, this paper offers suggestions and further thoughts on, how to improve the existing legal framework for compensating marine ecological damages in China.