| Summary: | 碩士 === 國立東華大學 === 財經法律研究所 === 101 === With the innovation in technology, human activities have no longer been restricted by the geographic barriers. This, in turn, contributes to environmental contaminations induced by aircraft or ship oil pollution or nuclear pollution, which would sprawl by air flow, ocean currents or rivers. Thus, new type of tort, especially ship oil pollution in particular, involves several countries instead of single one. For instance, the accident of M.V. AMORGOS oil spill, occured in 2001in the maritime area of Kending Taiwan, has put the ecological environment in tremendous jeopardy.
The tort, related to multi-nation and expansive damage, concerns issues like connecting ground for determining international judicial jurisdiction, connecting factors for choosing the law applicable and so on, which can hardly be addressed by the conventional tort theories of Private International Law. Besides, owing to lack of complete system between the different conventions of Private International Laws , and divergences legal frameworks trans-nationally, the environmental tort laws cannot be harmonized.
The institution of Taiwan’s relevant regulations on marine pollution is mainly based on a Public Laws. By referring the perspective of private international law, this thesis attempts to construct a legal system on environmental tort that could be practiced by lawyers whereas this thesis focuses on transnational environmental torts induced by ship oil pollution and researches topics such as content and holders environmental rights, international judicial jurisdiction, characterization, proper law and so on.
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