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跨界船舶油污损害中国家是否要承担责任,一直是学界争论的话题。在当前有关船舶油污损害民事责任公约中没有规定国家承担责任。但随着超级油轮事故的频繁发生,船舶油污导致的环境损害越来越严重,当前的油污损害赔偿制度已经无法对损害结果进行合理赔偿。此时,油船的所属国是否应承担相应的国家责任呢?本文对国家责任理论进行分析,对跨界船舶油污损害的国家责任进行了初步探索。
It is always a topic of debate in academia whether or not Chinese countries have to assume responsibility for the damage caused by oil pollution caused by cross-border ships. In the current convention on civil liability for oil pollution damage, there is no stipulation on the responsibility of the state. However, with the frequent occurrence of super-tanker accidents, environmental damage caused by oil pollution of ships has become more and more serious. The current oil pollution damage compensation system has been unable to provide reasonable compensation for the damage results. At this point, the country belongs to the oil tanker should bear the corresponding national responsibility? This article analyzes the theory of state responsibility, the initial investigation of the national responsibility of oil pollution damage across the border.