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The Legal System For Marine Environmental Protection And International Cooperation

Posted on:2004-07-08Degree:DoctorType:Dissertation
Country:ChinaCandidate:X L FanFull Text:PDF
GTID:1116360095455786Subject:International Law
Abstract/Summary:PDF Full Text Request
The problem of the marine environment is one of the three major problems that we human beings are faced with in the twenty-first century. Covering 71% of the surface of the earth, the sea is a major component in the supporting system of life on the earth, and an important adjustor of the environment. It is also a cradle for life, a treasure house of resources, the home of wind and rain, and a passageway that connects the five continents on the earth. The sea has become a great wealth for the sustainable development of human society and the last space on the earth. Following the radical increase of human population, the resources on the land have been in short supply, owing to the extensive exploitation by human beings. The marine environment is, therefore, suffering greater and greater pressure from mankind because human exploitation of the sea is getting more and more serious. The protection of the marine environment has drawn extensive concern and high attention from the international community, especially the costal countries. It is insufficient for us to rely on only one or two countries' individual statutes or treaties to settle the problems of the marine environmental pollution. We need more close cooperation among all countries concerned, so as to establish a complete set of international and domestic legal systems for the protection of the marine environment.As far as the marine environmental protection is concerned, the international legislation and cooperation therein started in the middle of the twentieth century. The framework of the legal system thereof has come into being, thanks to the constant human efforts over the past fifty years. The awareness of the marine environmental protection is getting stronger and stronger throughout the international community, and the international cooperation in this regard is getting more and more active day by day. Over the past fifty years, the international legislation and cooperation in protecting the marine environment has approximately undergone the following four stages of development. The first stage goes from the signing of the International Convention for the Prevention of Pollution of the Sea by Oil in 1954 to the UN Conference on Human Environment held in Stockholm in 1972, which is an embryonic period for the international legislation regarding the marine environmental protection. The second stage goes from the UN Conference on Human Environment held in Stockholm in 1972 to the birth of the UN Convention On The Law Of The Seain 1982, which is a most active period for the international legislation and cooperation in protecting the marine environment, and also the formative period for the international legal systems thereof. The third stage goes from the birth of the UN Convention On The Law Of The Sea in 1982 to the UN Conference On Environment And Development held in 1992 in Rio de Janeiro, Brazil, which is a prosperous period for the international/domestic legislation and international cooperation in protecting the marine environment, a brand-new period for the development of international laws thereof. The fourth stage goes from the UN Conference on Environment and Development held in 1992 Rio de Janeiro up till now, which is a period of maturity for the international /domestic legislation and international cooperation in the marine environmental protection.The Chinese government attaches great importance to the protection of the marine environment. The government has been actively exploring a Protection-in- Development and Development-in-Protection Formula therein, making constant efforts to set up the legal system for the marine environmental protection in China, and thus formed a legal system of Chinese characteristics for the protection of the marine environment.At present, not many achievements have been made in the systematic research of the legal system of and the international cooperation in marine environment protection. As an attempt to fill the gap in this field, this paper covers international laws, international law of th...
Keywords/Search Tags:Environmental
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