Compensation Dispute between the Xiuyu District Ocean and Fisheries Bureau of Putian City and Jaspero Shiptrades S.A. for Damage to Marine Natural Resources and Ecological Environment

[Basic Facts]

On September 22 2018, the ship Zhengli-Los Angeles registered in Panama, owned by the Greek company Jaspero Shiptrade S.A. (herby as “Jaspero Shiptrade”) ran aground on a reef during its departure from the Jiangyin port in Fuzhou. The ship hull crack caused fuel leakage, and brought damage to the aquaculture industry, marine ecological environment and fishery resources in the coastal waters. Jaspero Shiptrade constituted a limitation fund of liability for maritime claims at the Xiamen Maritime Court. The Xiuyu District Ocean and Fisheries Bureau of Putian City filed a compensation claim for damage to marine natural resources and ecological environment. The 905 fishermen who suffered loss from the pollution caused by fuel leakage brought separate proceedings for damaged aquaculture installations and loss of income.

[Outcome]

Upon accepting the case, the Xiamen Maritime Court arranged a mediation for the Xiuyu District Ocean and Fisheries Bureau of Putian City, Jaspero Shiptrade and the fishermen. The court facilitated the three parties in reaching a mediation agreement that Jaspero Shiptrade shall compensate for the damage to marine natural resources and ecological environment, as well as the fishermen’s aquaculture installations and loss of income. After publishing the notice regarding the conciliation agreement, the Xiamen Maritime Court issued a civil mediation judgement. Jaspero Shiptrade paid in full the amount of compensation in accordance with the conciliation agreement.

[Implications]

This is a case brought by a Chinese marine administrative organ, for compensation of damage to marine natural resources and ecological environment. The court formed a collegiate bench in accordance with the law, which was composed of three judges and four People’s Assessors, and invited eco-environmental experts to participate in the mediation. Information regarding the acceptance of the case and the contents of the mediation agreement was made available to the public. All these helped to expand judicial democracy, ensure and prompt public participation in marine environmental governance and advance the professional trial of case, while enhancing the public credibility of marine ecological trials, and at the same time, improving optimizing and reinforcing judicial protection for marine ecology from an overall aspect.

The proper handling of this case in accordance with the law has on the one hand, enabled the marine administrative organ to obtain timely and reasonable compensation for ecological environment losses and restoration costs, which provides strong support for the restoration of ecological environment and fishery resources of the accident waters, while safeguarding the beautiful ocean; on the other hand, in equally protecting the rights of the Chinese parties and the foreign party in accordance with the law, highlighted the level of professionalism and modernization of China’s marine ecological judicial protection. This case fully demonstrated and made known China’s judicial concept, judicial systems and achievements in protecting marine natural resources and ecological environment.

（本案例英文资料由上海政法学院提供)

(The English Version of this Case provided by Shanghai University of Political Science and law）