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Challenges and Solutions of Environmental Public Interest Litigation in Ship Pollution Cases-Focusing on Standing and Compensation Standards
DOI: https://doi.org/10.62381/ACS.FSSD2025.30
Author(s)
Zihan Yan
Affiliation(s)
School of Law, Shanghai Maritime University, Shanghai, China
Abstract
This paper examines the application logic, institutional barriers, and potential improvements of environmental public interest litigation (EPIL) in ship pollution cases from the perspective of Chinese judicial practice. By analyzing landmark cases and comparing international experiences, it clarifies the root conflicts between EPIL and the special rules of maritime law, such as the limitation of liability for maritime claims, and explores the construction of a new litigation mechanism that balances marine ecological protection and the sustainable development of the shipping industry. Focusing on two core issues-standing of plaintiffs and standards of compensation-the study systematically analyzes the practical challenges of EPIL in ship pollution incidents and proposes institutional reforms aligned with both Chinese judicial practice and international conventions. The ultimate aim is to promote a scientific, efficient, and operable mechanism for environmental litigation concerning ship-source pollution.
Keywords
Environmental Law; Public Interest Litigation; Ship Pollution; Marine Environmental Protection
References
[1] Luo Ying. Research on the Mechanism for Coordinating Marine Ecological Damage Compensation and Environmental Administrative Penalties[J]. Journal of Hebei University of Environmental Engineering, 2024, 34(2): 30–37. [2] Han Lixin, Yang Qihao. Empirical Study on the Identification of Marine Ecological Damage: Based on 71 EPIL Cases[J]. Journal of Dalian Maritime University (Social Sciences Edition), 2025, 24(1): 1–11. [3] Li Jinhong. Study on the Confirmation of Defendant Qualification in Administrative Environmental Public Interest Litigation[N]. Jiangsu Economic Daily, 2025-05-09(T04). [4] Zhang Xiaoping. Rethinking the Standing of Environmental Administrative Agencies in Civil EPIL[J]. South China Sea Law Review, 2025, 9(02): 101–110. [5] Zhou Lingyun. Series of Lawsuits Arising from the Bohai Bay Oil Spill Incident[J]. Green Horizon, 2016(12): 47–48. [6] Yan Xiumei. Brief Analysis of the Penglai 19-3 Oil Field Spill in Bohai Bay[J]. Finance and Economics, 2012(24): 21–22. [7] Feng Shuying, Ma Liping. Dilemmas and Solutions in the Appraisal and Evaluation of Marine Environmental Damages in Civil EPIL[J/OL]. Journal of Hebei University of Environmental Engineering, 1–6 [2025-06-11]. [https://doi.org/10.13358/j.issn.2096-9309.2025.0318.04] [8] Zhai Yaning. Legal Issues in Marine Oil Pollution Prevention in China-Reflections from the Bohai Bay Oil Spill[J]. Strategic Decision Research, 2014, 5(01): 84–104. [9] Li Yonglin. Institutional Integration of Ecological Damage Compensation and Environmental Civil EPIL[J]. Journal of Heilongjiang Ecological Engineering Vocational College, 2024, 37(04): 78–84. [10] Zhan Shanggan, Liu Suting. Staged Positioning of Prosecutorial Roles in Environmental Administrative Public Interest Litigation[J]. Journal of Jiangxi University of Science and Technology, 2025, 46(02): 24–33. [11] Chen Haisong. Constructing a System of Ecological Damage Compensation Aligned with National Governance Needs[J]. Social Science Digest, 2025(02): 118–120. [12] Wang Meili, Wu Yongxia. Discussion on the Major Marine Pollution Assistance Fund System in the Northwest Pacific[J]. Academic Exploration, 2018(07): 74–79.
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