Research On Our Country’s Legal System Of Ships’ Ballast Water

With the rapid development of the international marine transportation, ships’ ballast water is an essential part of the ocean-going vessels sailing. Because of the rapid growth in demand for ballast water, ballast water introductions of alien invasive species (AIS) have become increasingly prominent. As a new marine ecological pollution, ballast water introductions of AIS bring harm to the marine environment, socio-economic and human health. Therefore, the international community has paid attention to ballast water introductions of AIS, such as International Convention for the Control and Management of Ships Ballast Water and Sediments developed International Maritime Organization. United States of American, Australia as the representative of the Western developed countries, have established a prevention and control of the legal system for ballast water introductions of AIS,and developed specific ballast water domestic law to reduce ballast water introductions of potentially invasive species.In recent years,in the coastal areas of P. R. China, red tides occurred several times.Experts believed that those red tides were caused by alien water plants which were carried by ballast water. Currently, in China, regulations and laws about ships’ ballast water do not effectively reduce ballast water introductions of potentially invasive species. There is a deviation from the guidelines and the purposes of laws, unsound legal system of prevention and control, chaotic supervision and management system, and imperfect legal system of accountability and other issues have to be resolved. By summarizing international legislation and national laws of legislative experience, combined with our current situation caused by alien organisms in ballast water, the paper proposes effective legal countermeasures. On the legislative purpose, the legislation should aim to maintenance of ecological balance,protection of biological. On the fundamental principles of law, the precautionary principle should be the primary principle, taking into account principles of international cooperation and emitters pays. In the legal system, it is need to improve risk assessment system of alien species, emission permit system, supervision and management system, public participation system and technical development system. On the responsibility of the law, we should further improve the administrative responsibility, civil and criminal liability.