论船舶油污损害赔偿诉讼管辖国际法学专业论文.docxVIP

analysis of the establishment of jurisdiction, and does a positive study on the conflict of coordination. The first chapter of this paper uses time as the main line. First, this paper introduces the litigation jurisdiction of ship oil pollution damage compensation and its importance. Then it describes the International Conventional jurisdictional basis before the introduction of the traditional oil pollution compensation convention and its dilemma of responsing to ship oil pollution damages. This dilemma directly led to the oil pollution convention that promulgated in 1969. The legislations of many countries are paying more and more attention to oil pollution cases. Modern international regulations for oil pollution damage from ship is claimed by the courts of places where were damaged, where the accident happened, where the jurisdiction of preventive measures were taken and where the defendants were. Of course, due to the limitation of the Convention itself, there are still leaks in the law and conflict between laws. So there will be like some sorts of the situation that jurisdiction cannot effect in Chapter two and three. The second chapter provides the solution to the problem how to compensate for oil pollution damage from ships when ships are arrested. One of the features of maritime cases is involving ship arresting. There was once a dispute that should the court arresting the ship has the jurisdiction for entities parts in maritime cases. But in the end, international convention gave it limited substantive jurisdiction. The constraints include the principle of inconvenient court and exclusive jurisdiction. In the third chapter, the author put forward and analyzes innovatively ship oil pollution damage compensation litigation jurisdiction that its not exclusive jurisdiction therefore we can use the basis of jurisdiction of arrest of ships. The third chapter is the detailed analysis of the jurisdiction of the compensation for the oil pollution damage u