Perfection Of The Legal Systems Of Ecological Environment Protection During Marine Mineral Resources Development In The Arctic Ocean

The Arctic Ocean is the smallest ocean in the world,but there are abundant mineral resources on its ocean floor.In recent years,along with global warming,there have been changes in the Arctic Ocean,such as the melting of glaciers,decreasing of sea ice and increasing in ice-free time.These changes have brought many opportunities for the development of marine mineral resources in the Arctic Ocean.Under the 1982 United Nations Convention on the Law of the Sea(hereafter '1982 UNCLOS'),the Arctic Ocean can be divided into territorial sea,exclusive economic zone and continental shelf of the coastal States,as well as high seas and the international seabed area(hereafter 'the Area').Facing the opportunities of developing marine mineral resources in the Arctic Ocean,the five Arctic coastal States have started to contend with the continental shelf beyond 200 nautical miles,in order to expand their access to marine resources.However,irrespective of how the coastal States allocate their continental shelf beyond 200 nautical miles,there are areas falling outside of the jurisdiction of any coastal State.Therefore,the seabed becomes part of the Area.Thus the development of marine mineral resources in the Arctic Ocean includes development on the coastal States' continental shelf and development in the Area.The development activities of marine mineral resources will have a huge impact on the marine environment.In the Arctic Ocean,the natural conditions are harsh and the resilience of the ecosystem is low.It is very difficult for the ecosystem to restore once damaged.Therefore,special attention should be paid to marine ecosystem protection during the development of marine mineral resources in the Arctic Ocean.At present,there are already some legal documents on marine ecological environment protection in the Arctic Ocean,which can be applied to the development of marine mineral resources.However,there are some problems concerning these documents,thus these documents cannot fully protect the marine ecological environment and need perfection.This dissertation proposes that relevant managers should use ecosystem approach to perfect the legal systems of ecological environment protection during the development of the Arctic Ocean's mineral resources,in order to effectively regulate the development of mineral resources within and outside the scope of national jurisdiction.This dissertation is composed of five chapters.The first chapter studies the ecological environment problems during the development of marine mineral resources and the development of relevant legal systems.Firstly,this chapter analyses the impact of the development of marine metal resources and marine energy resources on the marine ecological environment,especially the effects on the marine ecological environment under the special natural conditions of the Arctic Ocean,in order to clarify what kinds of activities should be regulated.Secondly,this chapter analyses the foundation in international law of the development of marine mineral resources on the continental shelf and in the Area.In terms of the continental shelf,the foundation derives from coastal States' sovereign right over the continental shelf.Coastal States must ensure that their activities on the continental shelf do not cause damage to others.In terms of the Area,the mineral resources in the Area are the 'common heritage of mankind'.The clarification of the nature of the mineral resources in the Area could help the sustainable development of mineral resources and the protection of the Area.Thirdly,this chapter studies the development of the legal systems of marine ecological environment protection during marine mineral resources development.In this regard,this chapter starts with exploring the development of the legal systems of ecological environment protection contained in the development of the legal systems of continental shelf and the Area,as well as the development of the legal systems of general marine ecological environment protection.It could be seen from the development of the legal systems of continental shelf and the Area that the protection of marine ecological environment runs through the development of the two legal systems.The discussion on the development of the legal systems concerning the general protection of marine ecological environment is helpful to managers to identify the emphasis and insufficiency of marine ecological environment protection,which will help managers make up such deficiencies in the design of legal mechanisms and legal measures.The second chapter proposes that relevant managers should use ecosystem approach as a guide to establish and perfect the legal systems of marine ecological environment protection during the development of marine mineral resources.Ecosystem approach is an integrated management of human activities.Based on the understanding of the complex relationships in ecosystems,it can balance ecological,social and economic interests,protect the ecological environment,and ensure the sustainable development of ecosystems.At present,ecosystem approach has been applied in a number of land and marine activities management,and it can also be applied to the ecological environment protection during the development of marine mineral resources.To achieve such applications,the ecosystem approach must be legally institutionalised.Based on the analysis of the concept,the theoretical basis,the development in law and the characteristics of ecosystem approach,this chapter proposes the specific content that should be included in the legal systems of ecological environment protection during the development of marine mineral resources based on the ecosystem approach.Such legal systems include environmental impact assessment and monitoring system,adaptive management system and the precautionary approach,area-based environment management system,economic incentive systems,and organisational institutions.When applying ecosystem approach to manage ecological environment protection during the development of marine mineral resources,managers can proceed from these legal systems to perfect or formulate relevant laws and regulations,in order to promote the protection of ecological environment.The third chapter studies how to use ecosystem approach to perfect the legal systems of ecological environment protection applicable to the development of marine mineral resources on the Arctic continental shelf.At present,there are already some legal mechanisms in the Arctic Ocean that can be applied to ecological environment protection during the development of mineral resources on the continental shelf.These include the global legal mechanisms,regional legal mechanisms,regional 'soft law' mechanisms,and the national law of the Arctic coastal States.This chapter studies the ecological environment protection measures and the legal systems that are contained in these four mechanisms.Through research,it has been found that these legal mechanisms already include some legal systems of marine ecological environment protection based on the ecosystem approach.In terms of international legal mechanisms,the application of cooperation systems,environmental impact assessment and monitoring systems,and marine protected area systems are relatively common,but the application of other legal systems on the basis of ecosystem approach is slightly weak.In particular,the application of the adaptive management system and the economic incentive systems should be strengthened.In terms of domestic law,the Arctic coastal States should strengthen the establishment of cooperation system to harmonise the domestic legislations and realise the unification of legal measures.In addition,managers should pay attention to the coordination among all the legal mechanisms,to realise the effects of those mechanisms.This is also the requirement of ecosystem approach.The fourth chapter is about how to use ecosystem approach to perfect the legal systems of ecological environment protection applicable to the development of marine mineral resources in the Arctic Ocean Area.In this regard,currently under the 1982 UNCLOS system,the 1982 UNCLOS(including Part ?,Part ? and Annex III),the 1994 Agreement,the regulations and recommendations adopted by the International Seabed Authority(hereafter 'the ISA')and the Advisory Opinion of the Seabed Dispute Chamber of the International Tribunal for the Law of the Sea provide for the legal obligations of the ISA,contractors,sponsoring States and State Parties to the 1982 UNCLOS.It can be seen from these provisions that the 1982 UNCLOS system has adopted precautionary approach,environmental impact assessment and monitoring system,marine protected areas system,cooperation system and scientific research system,which meet the requirements of ecosystem approach.However,the ISA should strengthen the use of adaptive management system,cooperation system,public participation system,economic incentive systems and direct liability system.In addition to the 1982 UNCLOS system,the 1992 Convention on Biological Diversity,legal documents adopted by the International Maritime Organisation,and other relevant legal documents can also be applied to the marine mineral resources development in the Arctic Area.These legal documents have established cooperation system,area-based environment management system and environmental impact assessment system.This chapter also analyses and discusses the legal systems established by the draft exploitation regulations currently under development by the ISA.The draft exploitation regulations expand the environmental impact assessment and monitoring system and add a new system of performance guarantee,which are conducive to the protection of marine ecological environment.However,the draft exploitation regulations could also be perfected in many aspects and ways.The ISA should continue to perfect the draft exploitation regulations under the guidance of ecosystem approach and with the help of stakeholders.The fifth chapter studies the lessons for China from the perfection of legal systems of ecological environment protection during the development of marine mineral resources in the Arctic Ocean.China has a wealth of experience in the development of marine mineral resources.In terms of marine ecological environment protection during the development of marine mineral resources,China's contribution is recognised by the international society.China is also actively involved in the governance of the Arctic,including the development of Arctic mineral resources and the protection of Arctic ecological environment.In terms of lessons for Chinese legislation concerning activities in the Area,this chapter analyses the 2016 Deep Seabed Area Resources Exploration and Exploitation Law of the People's Republic of China and what China could learn from relevant foreign legislation and ecosystem approach.In terms of lessons for Chinese legislation from activities on the Arctic Ocean continental shelf,this chapter analyses the perfection of relevant Chinese legislation.In addition,this chapter analyses the perfection of Chinese legislation applicable to domestic and foreign enterprises in ecological environment protection during the development of marine mineral resources on Chinese continental shelf on the basis of ecosystem approach.