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China has made great efforts to establish a compensation system for oil pollution damage from ships. Several laws and regulations have come into effect since 2010 that have brought significant changes to the legal regime of compensation for oil pollution damage. In this article, the new legal regime for compensation for oil pollution damage from ships is examined to illustrate how China is moving closer to the international standard in this area. [ABSTRACT FROM PUBLISHER]

The article discusses the maritime law of China, and its limitation of liability with respect to applicable ships, limitation funds, and the right to revoke. It presents information on the limitation of liability for oil pollution and nuclear damages, and reflects various trading areas where the limits of liability for general maritime laws vary which includes international, coastal and inland waterways. Several court cases concerning the issue of Chinese Maritime Code (CMC) are discussed.

This article discusses important features of the international conventions regulating compensation for oil pollution damage, more particularly the limitation of the liability of the tanker owner and the additional compensation provided through the IOPC Fund, based on contributions from oil receivers. The article sketches the historical evolution of the conventions from their origin in 1969 to the latest amendments in May 2003. In addition, the compensation of victims of oil pollution in China is discussed, whereby it is stressed that China has acceded to the CLCs (and the Hong Kong Special Administrative Region to the Fund Convention as well), but has not implemented them in national law. There are apparently different opinions concerning the application of the international conventions to domestic cases. The lack of compulsory insurance of tanker owners for offshore and inland water navigation, and the fact that mainland China is at the moment not a party to the Fund Convention, are critically discussed. A comparison between the international regime and Chinese law is provided. The article ends with a few policy conclusions and suggestions to improve the compensation for oil pollution damage in China. [ABSTRACT FROM AUTHOR]