久久久无码人妻精品无码_6080YYY午夜理论片中无码_性无码专区_无码人妻品一区二区三区精99

US EUROPE AFRICA ASIA 中文
China / Cover Story

Oil spill aftermath tests the legal waters

By Li Jing (China Daily) Updated: 2011-09-01 09:33

Victims of marine pollution look to the courts for justice, reports Li Jing from Beijing.

When some of his sea cucumbers showed signs of distress in late June, Xun Shaobin did not expect that the majority of them would soon perish.

The 58-year-old sea farmer from Laoting county, Hebei province, cultivates 4.2 hectares of the marine animals.

"Some sea cucumbers began to turn a yellowish green from their normal black. So I went to other villagers to seek help, only to find out that they were facing the same problems," Xun said.

"We didn't know the cause at that time, nor did we know anything about the oil spills. In less than a month, about 60 percent of my sea cucumbers had died."

Oil spill aftermath tests the legal waters

Hundreds of scallops are dumped in Luanjiakou port, in Penglai, Shandong province, on Aug 25. Sea farmers say their livelihood is under threat following an oil spill in Bohai Bay. Guo Xulei / Xinhua

He estimates that he has lost about 1.2 million yuan ($188,000).

In a series of spills starting on June 4, oil from the Penglai 19-3 oilfield operated by ConocoPhillips China seeped into Bohai Bay, off the coast of Shandong province. The sheen reached coastal areas of Hebei and Liaoning provinces by late June.

Wednesday was the deadline to clean up the spill.

By last Thursday, official statistics showed that 5,500 square kilometers of Bohai Bay's surface had been contaminated, with 870 square km seriously polluted, meaning it is unfit for swimming or aquaculture.

Xun and more than 200 other Hebei sea farmers, who lost large amounts of scallops and sea cucumbers, have retained a law firm to sue ConocoPhillips China. Meanwhile, the State Oceanic Administration is preparing a separate lawsuit for ecological compensation on behalf of the country.

Though not optimistic about the results, legal experts hope the cases can become a landmark in pursuing environmental justice through the Chinese courts. They said the absence of an effective cleanup has indicated failure in the country's regulatory instruments in dealing with marine pollution cases.

"Obviously in the case of the Bohai oil spills, polluting companies are not deterred by the government's administrative power, which has always been a major force in tackling pollution problems in China," said Zhou Ke, a law professor at Beijing-based Renmin University of China.

Contained or not?

Ninety days since the leak started at an offshore oilfield in northern Bohai Bay, the country's maritime watchdog and the polluting companies still cannot agree on whether the spill has been fully contained.

The State Oceanic Administration said last Thursday that it had detected 16 leaks under Platform C of Penglai 19-3, still bubbling out oil and gas, while seepage at Platform B has continued.

Oil spill aftermath tests the legal waters

Oil coats pooled water, sand and rocks on the shore at Changdao, a major fish farming island in Shandong province. A leak on an offshore oil platform was discovered in northern Bohai Bay on June 4; this photo was taken on July 8. Official statistics show that 5,500 sq km of the bay's surface have been contaminated. Provided to China Daily?

The American operator, ConocoPhillips China, said on Wednesday evening that it had sealed all leaks. On Monday, it said it had cleaned up 99 percent of the oil-based drilling mud near Platform C.

The administration had no immediate response Wednesday.

They also disagree on the spills' ecological impact, with ConocoPhillips insisting no coastal areas have been polluted.

State-owned China National Offshore Oil Corp, which holds 51 percent of the joint venture with ConocoPhillips, has largely remained silent and has dodged public criticism.

Such discrepancies epitomize the prolonged wrangling between the maritime authority and powerful oil companies as the worst marine ecological accident in China unfolded over the past months.

Law professor Zhou said the ultimate reason behind the disputes lies in the fact that marine environmental protection is never listed as a priority in maritime development, at least in the legislative process, despite increased exploitation of marine resources over the past decade.

"When the Law on Islands Protection was drafted several years ago, some scholars proposed that environmental protection should be given a top priority in development of the uninhabited sea islands. Unfortunately, such a concept was never adopted," Zhou said.

One implication is that the marine environmental watchdog finds itself at a disadvantage when dealing with expensive industrial projects such as offshore oil drilling, he said.

No teeth, no muscle

The maritime authority itself cites the lack of stringent punishment as a reason that ConocoPhillips did not effectively mobilize a cleanup. The administration announced at its first briefing after the spills that the maximum penalty for marine pollution is 200,000 yuan ($31,350), according to the country's law.

An unnamed official from the administration said in an interview with Xinhua News Agency on Aug 11: "The company is too well aware of Chinese laws and regulations under which it won't be severely punished for its inaction and coverup."

In some offshore projects, such as oil and gas exploration, the maritime authority also finds itself without the technical support it needs for proper oversight, according to Gao Deli, a professor at China University of Petroleum. "The oil drilling companies are actually the controllers of the cutting-edge technologies, so they usually have a stronger say than the supervising authority."

In China, marine environmental protection is overseen by a department under the State Oceanic Administration, which is not a ministerial-level government agency. As a result, the administration usually feels impotent in the face of other ministries or State-owned companies.

Meanwhile, several other government departments, such as the ministries of agriculture, transportation and environmental protection, as well as the navy, are also involved in managing the marine aquaculture maritime administration, coastal pollution prevention and marine surveillance.

The scattering of responsibilities among government agencies weakens overall management capability, experts said.

A month's delay

Although China has laws and regulations on marine environmental protection, they are still quite vague on the roles and obligations of different government bodies, according to Li Tao, an official from Fujian's provincial oceanic and fishing department.

"This usually results in slow responses when an emergency happens and in the failure to release information to the public," Li said.

Most public anger was directed at what people saw as ConocoPhillips' arrogance, but some environmentalists also faulted the State Oceanic Administration for hiding critical information from the public. It did not release any news about the spills until July 5, a month after the leak started.

"Even after that, the administration still failed to publish critical information that could help to prevent further economic losses for sea farmers - for instance, the type of crude oil produced at Penglai 19-3 and the route of ocean currents," said Wang Yamin, an associate professor in the Marine College at Shandong University.

The coastal areas along Bohai Bay are home to the country's most important fisheries. "If the sea farmers were informed of the oil spills, they could have made better preparation and even avoided some of the losses. Regretfully, they received no such warning at all," Wang said.

Wang said the available information on crude oil in Bohai Bay suggests it is high in acidity, which can severely damage scallops. And sea cucumbers are prone to diseases if the seawater has an abnormal concentration of an oily substance.

The evidence

Even with such scientific backing, Xun Shaobin and his fellow villagers still face considerable difficulties in gathering evidence and proving the cause of the damage when taking the polluters to court.

"The sea cucumbers dissolved into liquids very quickly after death, making it almost impossible to collect the proof of the damage caused by oil spills," Xun said. "I took some pictures, and hope they will be useful in court."

ConocoPhillips insists the leaked oil never reached the coast. The company has argued that among 86 samples taken along the northwest Bohai Bay shoreline, only two tested positive for traces of Penglai crude.

Calculating the damage poses another major challenge in the litigation process, legal experts said.

The Ministry of Agriculture has a regulation on how to compute losses in the fishing industry, which is feasible to calculate despite the complexity, Wang said. He estimated the total damage at about 1 billion yuan.

"Yet this is only a small part of the whole damage to the marine ecosystems and resources," he said. For other elements in the ecosystem - for instance, sea birds and the water - there is still no mature methodology for calculation in China.

Taking the chance

A similar case seeking ecological compensation in Bohai Bay in 2002 failed after a prolonged lawsuit. The court did not support the State Oceanic Administration when it claimed more than 100 million yuan in economic and environmental damage from a foreign oil tanker, which dumped a few hundred tons of crude oil into the Bohai Sea.

Nevertheless, resorting to legal solutions offers a last chance for victims of the oil spills, lawyers said. And the cases, if successful, could provide a landmark in tackling the country's rampant pollution with legal means.

"Extensive public pressure will offer a solid foundation for arriving at an impartial judgment in the court," said Zhou, from Renmin University. But he's not expecting a triumph.

"To call it a major victory, the oil spill cases will have to be able to break up the entrenched interests among government bodies and State-owned enterprises," Zhou said. "With protection from the government, some large companies can often be immune to punishment when causing severe pollution."

The lawsuits will also ask the court to rule without being influenced by any level of government, and for judicial officers to work diligently and creatively to make up for the imperfections in the environmental legal systems, he said.

"It remains a huge challenge to make the cases a real milestone, but such attempts will help to improve the country's judicial system in the pursuit of environmental justice," Zhou said.

 

Highlights
Hot Topics
...
久久久无码人妻精品无码_6080YYY午夜理论片中无码_性无码专区_无码人妻品一区二区三区精99

    成人av在线播放网址| 欧美性大战xxxxx久久久| 国产欧美日韩另类一区| 丰满亚洲少妇av| 亚洲欧美国产77777| 欧美日韩视频在线一区二区| 日本不卡一区二区三区| 欧美va亚洲va国产综合| 成人理论电影网| 一区二区在线观看不卡| 欧美视频在线一区| 蜜桃av噜噜一区二区三区小说| ww亚洲ww在线观看国产| 99麻豆久久久国产精品免费| 亚洲一二三级电影| 精品国产乱码久久久久久蜜臀 | 久久精品国产亚洲a| 国产欧美一区视频| 欧美在线观看视频一区二区 | 久久久久久免费网| 91丨porny丨国产| 日韩不卡一区二区| 国产精品视频免费看| 欧美三级电影一区| 国产精品18久久久久久久网站| 亚洲女同女同女同女同女同69| 日韩一区二区在线免费观看| 成人精品小蝌蚪| 日韩av午夜在线观看| 欧美激情中文字幕| 欧美精品第1页| 成人黄色小视频在线观看| 亚洲成人av免费| 国产午夜精品在线观看| 欧美性视频一区二区三区| 国产一区日韩二区欧美三区| 一区二区三区在线观看动漫| 精品va天堂亚洲国产| 91久久久免费一区二区| 国产一区二区三区观看| 亚洲一区二区三区自拍| 久久精品视频免费观看| 欧美日韩高清一区二区| 成人高清视频免费观看| 蜜桃传媒麻豆第一区在线观看| 亚洲欧美偷拍三级| 国产亚洲一区二区三区在线观看| 欧美视频精品在线观看| 成人美女在线视频| 久久国产精品区| 亚洲一区二区精品久久av| 国产欧美日产一区| 日韩精品自拍偷拍| 欧美在线不卡一区| 成人免费va视频| 精品一区二区免费视频| 亚洲一本大道在线| 亚洲欧洲在线观看av| 久久影院视频免费| 欧美一区二区精品在线| 在线观看亚洲a| 成人精品视频一区二区三区| 精品一二线国产| 性做久久久久久久免费看| ㊣最新国产の精品bt伙计久久| 久久色在线观看| 欧美一级精品大片| 欧美日韩在线播放一区| 99精品欧美一区| 国产成人在线影院| 精品一区二区在线看| 亚洲gay无套男同| 玉足女爽爽91| 最新成人av在线| 欧美激情一区二区三区蜜桃视频 | 日本韩国欧美三级| 成人一级片在线观看| 国产中文一区二区三区| 免费高清在线一区| 午夜精品久久久久久久| 亚洲综合成人在线| 亚洲婷婷在线视频| 国产精品久久久久天堂| 国产视频一区二区在线观看| 久久综合av免费| 日韩欧美国产综合| 日韩午夜在线播放| 91精品国产91久久久久久一区二区| 欧美最猛性xxxxx直播| 日本成人在线一区| 日日夜夜精品视频天天综合网| 亚洲最大的成人av| 亚洲综合色丁香婷婷六月图片| 国产精品热久久久久夜色精品三区 | 精品入口麻豆88视频| 日韩三级伦理片妻子的秘密按摩| 777精品伊人久久久久大香线蕉| 欧美体内she精视频| 欧美无乱码久久久免费午夜一区 | 亚洲国产精品自拍| 亚洲国产欧美在线| 香蕉av福利精品导航 | 五月激情综合婷婷| 天天操天天综合网| 日韩电影免费在线看| 美女精品一区二区| 久久99国产精品久久99| 国产在线看一区| 国产又粗又猛又爽又黄91精品| 国产精品一级在线| 成人毛片视频在线观看| aaa亚洲精品一二三区| 91老司机福利 在线| 欧美亚洲综合一区| 欧美日韩国产综合草草| 日韩一区二区三区在线视频| 精品国产1区2区3区| 久久久久久久久久久黄色| 中文字幕av资源一区| 成人免费一区二区三区视频| 亚洲欧美偷拍卡通变态| 亚洲国产aⅴ成人精品无吗| 石原莉奈一区二区三区在线观看| 日本亚洲免费观看| 日韩电影在线一区| 狠狠色丁香婷婷综合| 成人激情免费电影网址| 色综合久久66| 777奇米成人网| 久久日韩粉嫩一区二区三区 | 国产精品毛片久久久久久 | 亚洲美腿欧美偷拍| 午夜婷婷国产麻豆精品| 老司机一区二区| 丰满放荡岳乱妇91ww| 色偷偷成人一区二区三区91| 欧美日本一道本| www激情久久| 专区另类欧美日韩| 日日噜噜夜夜狠狠视频欧美人 | 欧美最新大片在线看| 欧美一区二视频| 久久精品欧美日韩| 亚洲欧美日韩中文字幕一区二区三区| 亚洲国产成人av网| 国产一区二区在线免费观看| 91丨porny丨中文| 欧美一区二区私人影院日本| 国产午夜精品一区二区三区四区| 一区二区三区四区蜜桃 | 国产成人高清在线| 欧美性生活大片视频| 久久影院视频免费| 亚洲一线二线三线久久久| 蓝色福利精品导航| 91蜜桃在线观看| 日韩精品在线一区| 亚洲天天做日日做天天谢日日欢| 日本成人在线看| 97se狠狠狠综合亚洲狠狠| 777亚洲妇女| 日韩一区欧美一区| 麻豆国产欧美日韩综合精品二区 | 国产乱码一区二区三区| 欧美专区日韩专区| 久久久亚洲高清| 亚洲成a人在线观看| 国产成人免费在线观看| 欧美精品三级日韩久久| 国产日产欧美精品一区二区三区| 亚洲高清在线精品| 成人av在线观| 日韩欧美不卡一区| 一区二区三区国产精华| 国产精品一区二区三区四区| 欧美日本一区二区| 中文字幕在线观看一区| 久久99久国产精品黄毛片色诱| 一本大道综合伊人精品热热| 久久久精品日韩欧美| 婷婷中文字幕一区三区| 99re66热这里只有精品3直播| 欧美大黄免费观看| 亚洲午夜免费福利视频| 国产成a人亚洲精品| 欧美成人福利视频| 亚洲bdsm女犯bdsm网站| 99re成人在线| 国产日韩欧美精品电影三级在线 | 91尤物视频在线观看| 久久久美女毛片| 青青草成人在线观看| 91黄视频在线观看| 国产精品丝袜91| 激情av综合网| 欧美一区二区视频在线观看2020 | 伊人婷婷欧美激情| 成人激情小说网站| 久久综合久久99| 蜜臀a∨国产成人精品|