A Study On Legal Mechanisms On Supervision Of The Port State To The Shipboard Ballast Water

This paper will take the law system of port state control to ballast water as the research object. By analyzing the content of the port state control in the "Ballast Water and Sediments, International Convention on the Control and Management", we will discuss on the regulation of ballast water in different port states, clarify the necessity of the establishment of the legal norms of port state control to ballast water, and explain the contents of the legal mechanisms. The aim is to provide a reference for the establishment of the legal norms of the port state control to ballast water in China. There are four parts in this article. The contents are as follows:The first part is an overview of legal mechanisms of the port state control to ballast water. First, we will clear the legal relations between the management of ballast water and port state control. By analyzing the hazard results of alien species in ballast water, confirmed the basic elements of the port State control of ballast water. Second, we will introduce the concept of legal mechanisms, combined with the basic theory of social jurisprudence, tell the importance of the legal mechanisms in the regulatory system and the necessity of its introduction, and then propose ideas of combining the legal system and administrative supervision.The second part is an analysis of the content of "Ballast Water and Sediments, International Convention on the Control and Management". It is mainly about the specific terms of reference of port state control to ballast water and the measures can be used for China to establish port state control to ballast water.The third part is a comparative study on legal norms of port state control of ballast water in different countries. We use the methodology of comparative law to analyze the legal norms and specific regulatory measures in other countries, to find out the legal norms and specific regulatory measures which is suitable for China as a port state, and provide a reference for the establishment of the legal norms of the port state control to ballast water in China.The fourth part is to analyze the problems of port state control to ballast water in China and put forward countermeasures. Through the legal jurisprudence on the principle of transplantation, based on the research results of the three parts above, and combined with the actual situation in our country, This part is to build a legal norms of the port state control to ballast water in China, and clear the competent authorities and Specific regulatory regime.