해양오염피해 배상에 관한 미국 기름오염법과 국제협약의 비교법적 검토 및 시사점 - BP 유류오염 사고를 중심으로 -

The international conventions on compensation and liability for marine pollution damage have been developed for a long time. But in the international context there is an important gap in regulating marine pollution damage resulted from offshore plants, because the international conventions only deal with marine pollution damage from ships. Domestically we do not have any appropriate legislation for regulating the pollution damage from offshore plants either. Given the increasing needs to explore seabed resources domestically or internationally, it has become increasingly important to provide bi-lateral or multi-lateral agreements for regulating marine pollution damages resulted from offshore plants. This article suggests that the Oil Pollution Act of 1990 (OPA) enacted by the USA gives a kind of legislative model to the international regime which has not any legislation on the problem. This paper deals with the definition of offshore plants and responsible party, the limitation of liability, financial securities, and compensation funds for the adequate legal regime on marine pollution damages resulted from offshore plants.