Discussion on the jurisprudential basis of the oil pollution compensation fund
- Received Date: 2014-09-19
- Accepted Date: 2014-10-30
- Available Online: 2015-01-10
Abstract: Oil Pollution Compensation Fund, established for protecting marine environment and victims who suffered loss and damages from oil spill incidents, is a socialized remedy for environmental tort. According to Pigou's Theory of Externality, contribution of the Oil Pollution Compensation Fund is a sort of internalization of environment costs for external diseconomy of enterprises. Basing on the Distributive Justice and Corrective Justice theory put forward by Aristotle, Oil Pollution Compensation Fund is the re-distribution of justice, and also correction of justice in the case that the impaired justice can't be restored on the ground of traditional tort law. Rawls has raised two justice principles, of which the Difference Principle illustrates the significance of Oil Pollution Compensation Fund's payment to claimants.