Study On The Legal Issues Of Marine Exotic Species Invasion

With the development of economic globalization and the increase of international communication, marine species are intentionally or accidentally introduced by people from one marine space to another, bringing great damages to marine ecosystem, social economy and human health. The international community becomes so concerned that legislations, both in international level and in domestic level, are passed to prevent marine alien species invasion. China also faces great challenges from marine invasive species. However, its legislations are far from enough. Therefore, China should refer to the international experience and improve the legal systems on the management of marine invasive species.Apart from the preface and the conclusion, the thesis is divided into five parts:Chapter One, based on the clarification of terms related with alien species and alien invasive species, introduces the definition, pathways and harms of marine invasive species in order to provide a clear range for legislation.Chapter Two introduces the international legislation on marine invasive species in international law. Based on the summary of both binding and non-binding international legal documents, it also analyses their limitations.Chapter Three introduces the legislation practice on marine species invasion of several developed nations and discusses their virtues that China can learn from.Chapter Four mainly examines current provisions of China, indicating their flaws and giving some advice for improving the legislation regime on marine species invasion, which includes reconstruction of guiding ideology in legislation, modification of laws in existence, ratification of specialized law and clear provision of liabilities.Chapter Five specifically discusses several significant systems that ought to be incorporated into the comprehensive legal regime of marine invasive species management, such as the system of scientific demonstration and administrative permission, ballast water management system, risk assessment system, the control system through of the whole process and a possible cooperation system.