On The Precautionary Principle In The Conservation Of Living Marine Resources

This dissertation is mainly about the concept, the legal sources and the implementation of the precautionary principle in the conservation of living marine resources, and the plan about that China applies the precautionary principle in the conservation of living marine resources.Chapter 1 focuses on the development and the meaning of the precautionary principle. Firstly, this chapter examines some important international conventions, declarations and decisions of international organizations, and cases of international judicial bodies; Secondly, this chapter educes that the essence of the precautionary principle is that people should be cautious of the exploitation and utilization of environment and resources in face of scientific uncertainty by contrasting different definitions of the precautionary principle; Lastly, this chapter analyzes the defects of the precautionary principle: illegibility and arbitrariness, and points out the difference and relation between the precautionary principle and the preventive principle or the precautionary approach.Chapter 2 is mainly about the theoretical basis of the precautionary principle in the conservation of living marine resources. From the point of science, the basis of the precautionary principle lies in scientific uncertainty of marine ecosystem, with the aim of making up damages resulted in by people's blindness and innocence about living marine resources; from the point of economy, the basis of the precautionary principle is cost-benefit analysis which will promote the implementation of the precautionary principle more reasonable, strengthen the responsibility of supervisors; from the point of law, the basis of the precautionary principle is the principle of sustainable development and the principle of common interests of human being, and the precautionary principle is in accordance with the two principles, and will promote them to come true.Chapter 3 focuses on the international sources and the domestic sources of the precautionary principle in the conservation of living marine resources. About the international sources, this chapter contrasts the United Nations Convention on the Law of the Sea(UNCLOS), the United Nations Fish Stock Agreement(UNFSA) and other international documents, and systematically analyzes the precautionary principle in the European Union(EU); about the domestic sources, this chapter specializes the representative living marine resources rules of some countries famous in fishery, such as American Magnuson Fishery Conservation and Management Act of 2000, Canadian Ocean Act of 1996 and so on.Chapter 4 explains the conditions and measures about the implementation of the precautionary principle. The precautionary principle's implementation should satisfy the danger condition, and should be applied according as cost-benefit analysis, principle of proportionality, consistency and nondiscrimination. Under the precautionary principle, onus probandi lies on the part that makes danger. Moreover, the implementary measures of the precautionary principle include the precautionary reference points, the forbiddance and limit of fishery, the marine natural protection area and so on.Chapter 5 indicates the plan about the application of the precautionary principle in our country. Presently our conservation and management of living marine resources has got some achievement, but both the conservation practice and related rules have some deficiency. Then our country should make a comprehensive act about the conservation and management of living marine resources which should definitely stipulate the precautionary principle. At the same time, the precautionary measures should be taken in accordance of the conditions of different areas, which is beneficial to change the bad complexion of the conservation of living marine resources in our country.