POLICY AND PRACTICE REVIEWS article
Front. Mar. Sci.
Sec. Marine Affairs and Policy
Volume 12 - 2025 | doi: 10.3389/fmars.2025.1687628
This article is part of the Research TopicAdvances in Marine Environmental Protection: Challenges, Solutions and Perspectives Volume IIView all 53 articles
Bridging the Gaps between International and China's Domestic Law on Ship-sourced Marine Eco-environmental Damage
Provisionally accepted
- Koguan School of Law, Shanghai Jiao Tong University, Shanghai, China
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During the formulation of domestic legislation, States shall duly consider the obligations stipulated in the international treaties to which they are parties. This ensures the conformity of their municipal legal frameworks with international laws and regulations, and refrains from enacting domestic laws incompatible with treaty obligations. Notwithstanding this imperative, discrepancies persist between the provisions of China's domestic legal regime regulating the scope of compensation for vessel-sourced oil pollution and the stipulations of pertinent international treaties and relevant state practices. Such legal inconsistencies may engender potential gaps in application, undermining the operational efficacy of international maritime regulatory instruments in this domain. To bridge such gaps, this paper synthesizes contemporary international maritime regulatory regime and comparative extraterritorial legislative precedents, endeavoring to from a coherent interpretative framework through which China's domestic laws on oil pollution compensation scopes may achieve synergistic alignment, thereby securing uniformity in the rules and standards governing environmental obligations of States for marine ecological endangerment.
Keywords: International Law, Domestic law, Compensation scope, ship sourced oil pollution, marine eco-environmental damage
Received: 18 Aug 2025; Accepted: 26 Sep 2025.
Copyright: © 2025 Wang, Sun and Xue. This is an open-access article distributed under the terms of the Creative Commons Attribution License (CC BY). The use, distribution or reproduction in other forums is permitted, provided the original author(s) or licensor are credited and that the original publication in this journal is cited, in accordance with accepted academic practice. No use, distribution or reproduction is permitted which does not comply with these terms.
* Correspondence: Guifang Xue, juliaxue@sjtu.edu.cn
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