Research on the compensation system for marine ecological environment damage in light of the revision of Maritime Environmental Protection Law

In 1999, the initial amendment to the Marine Environment Protection Law of the People’s Republic of China introduced specific provisions for compensating marine ecological environment damage. However, it mainly provides a legal basis for marine oil spill claims,failing to guide the establishment of an effective compensation system that safeguards the rights and interests of individuals within the marine ecological environment. The second revision of the Marine Environmental Protection Law in 2023 included three amendments to the clauses concerning compensation for marine ecological environment damage, covering damage scenarios, eligible claimants, and public interest litigation. This article delves into the evolution and present implementation status of the marine ecological environment damage compensation system, pinpointing construction challenges. In alignment with the overarching reform requirements for environmental damage compensation systems, suggestions are proposed in four critical domains: defining conditions for damage claims to the marine ecological environment, enhancing identification and evaluation techniques, establishing effective supervision for compensation implementation, and advance research on ship-related ecological environment damage compensation. These proposals aim to serve as valuable insights for advancing the establishment of China’s marine ecological environment damage compensation system.