主题：Oil Spill Compensation U.S. and China
船舶油污损害赔偿中美比较研究
主讲人：George W. Conk 乔治康克教授 福特汉姆大学
主持人：唐冠虹 上海财经大学法学院副教授
时间：2013年5月3日（周五）19:00
地点：二教201室
主讲人简介： GEORGE W. CONK
ADJUNCT PROFESSOR OF LAW SENIOR FELLOW CONK@LAW.FORDHAM.EDU LOUIS STEIN CENTER FOR LAW & ETHICS FORDHAM UNIVERSITY SCHOOL OF LAW A.B. College of the Holy Cross (1967) M.A. Boston University (1971) J.D. Rutgers-Newark School of Law (1974) Prof. Conk is an Elected Member of the American Law Institute, a member of the New Jersey Supreme Court’s Advisory Committee on Professional Ethics, and represents the New Jersey State Bar Association on the Editorial Board of the New Jersey Law Journal. Professor Conk has been at Fordham since 2002. He teaches torts, business torts, product liability, remedies, and professional responsibility. He was Certified as a Civil Trial Attorney by the Supreme Court of New Jersey from 1990 to 2010. He was named 1 of the top 100 lawyers in New Jersey by the Rutgers Law School Alumni Association in 2006. A leading appellate lawyer, he has appeared in landmark cases in the New Jersey Supreme Court and the United States Supreme Court. He has represented the Hemophilia Association of New Jersey, the Industrial Union Council, AFL-CIO, the National Organization for Women, and the Association of Trial Lawyers of America. In 1984 he served as a permanent member of the National Platform Committee of the Democratic Party. His scholarly work, principally about the law of torts has been published by the Yale Law Journal, the UCLA Law Review, Penn State Law Review, Seton Hall Law Review, the Peking University Press (Private Law Review), and others. Professor Conk’s translation of the draft statement of basic principles of the law of torts in the Civil Code of China appeared in 2006 in the Fordham International Law Journal. He has twice served as a Fulbright Senior Specialist in China. In 2008 he joined an NYU Law School delegation to China where he lectured about the repeal of the death penalty in New Jersey. His essay Herald of Change: New Jersey’s Legislative Repeal of the Death Penalty appeared in 2008 in the Seton Hall Legislative Journal. Oil Spill Compensation – U.S. and China U.S: admiralty law, Clean Water Act (1972), Oil Pollution Act (1990) China: maritime law, environmental protection law, tort law (2010), Enforcement and regulation: Ministry of Agriculture (1996) Supreme Peoples Court guidelines (2011), 2010 – BP Gulf of Mexico Oil spill – world’s largest 2011 Conoco CNOOC Bohai Bay spill 2010 BP Private claims and settlements 2011 December Aquaculturists file suit in Tianjin 2012 January Conoco/CNOOC settles w/ PRC February 2012 BP class action settlement 38 groups of fishermen file group cases in Tianjin and Qingdao Maritime Courts Courts take no action on fishermen’s complaints July 2012 Shandong fishermen file lawsuit in Texas Forum non conveniens? Will MOA agree to seek morer payments 2012 $4 billion criminal penalty plus clean-up costs settlement 2013 trial for Oil Pollution Act/Clean Water Act penalties U.S. demands $17 billion civil penalties Trial underway
