The Guiding Role of the Green Clauses in the Civil Code of the People's Republic of China Upon Vessel-Induced Oil Pollution Compensation

Abstract

AbstractWith the increase in the number of oils transported by sea, the risk of oil spills from ships has increased year by year. Ship oil spills often incur huge costs of surroundings cleanup and environmental remediation. The Civil Code of the People’s Republic of China has come into effect on January 1, 2021. Chapter 7 in Part VII Tort Liability of the Civil Code, Liability for Environmental Pollution and Ecological Damage (Articles 1229 to 1235), is called “Green Clauses,” foreseeably to play a significant regulatory and guiding role in the compensation-related work of China’s ship oil spill pollution accidents. The Green Clause in the Civil Code is consistent with the principles of the three international conventions in the field of compensation for oil pollution damage from ships to which China is a party. The characteristic provisions such as ecological environment damage repair and compensation are in line with China's ecological environment protection system. The inversion of the burden of proof and other provisions can more effectively protect the victims of ship oil spill pollution accidents.KeywordsThe civil code of the PRCShip oil spillCompensation on environmental pollution