The Jurisdiction And Nation's Duty To Prevent The Ocean Environment From Pollution

Contents brief summary:In the ocean environmental protection realm, in order to prevent the ocean from pollution effectively and protect the ocean environment , it is very important to establish certain nation' s jurisdiction that prevent the ocean environment from pollution and national duties that result in. The national' s jurisdiction to prevent the ocean environment from pollution has been argued most vigorous, under the principle in freedom of the open sea, the national jurisdiction is only in territorial waters, in addition to obeying the international law, the ships in the open sea only has the duty to obey the law of flag state, this is the so-called flag state jurisdiction. The flag state jurisdiction is a basic principle of the contemporary maritime law. However, in recent years, because of the worse turning of ocean' s environment and the development of the international ocean environmental protection business, this principle has been experienced deep variety. As human-being gradually realize the urgency that prevent the ocean pollution of the environment, on jurisdiction problem that prevent the ocean pollution of the environment, the traditional flag state' sjurisdiction has taken place the alteration, 《 United Nations maritime law convention 》 of 1982, extending the jurisdiction of the maritime country, contract the jurisdiction of the flag state, establishment synthesize of along maritime country, flag state with the jurisdiction system of the port country, but the jurisdiction of the flag state still is placed in the initiative position.This text enters with the contaminative definition of the ocean pollution and the paths that pollutants enter the ocean, expatiating the history in jurisdiction that prevent the ocean environment from pollution of the origin and development, including 1954 《 International Conventionfor the Prevention of Pollution of the sea by Oil, London ? , 1969 { International Convention Relating to Intervention on high Sea in case of Oil Pollution Casualties)) , 1972 { Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, London)) , <( Protocal of 1978 Relating to the International Convention for the Prevention of Pollution from ships of 1973, London, 1978 )) , ( MARPOL/1973 —s 1978) defends the institutional provision in prevention jurisdiction to the ocean. This text put emphasizes on evaluating the Provisions inside the 1982 ? United Nations maritime law convention )) on the jurisdiction that prevent the ocean environment from pollution, expatiated respectively along the maritime country, flag state, port country to six source pollution, including air pollution, dump pollution, ships pollution and pollution caused by activities in bottom of sea, inquiry into the conflictions on jurisdiction that prevent the ocean environment from pollution and the solutions.In the aspects of the national duty on the ocean pollution of the environment, because of the more and more world-wide concern in the last several decades along with the environment problem, more and more people realized that a nation Exercise the sovereignty do not mean that it can also do as pleases on the environment problem. Since the international law emphasizes that the nation exercises the sovereignty deserves this kind of national compulsory stipulation in other sovereignty in respect, then on the problem in environmental protection, also should consider the nation reply its multinational pollution undertakes the duty. Now society, with the increasing technical application in high risk increasingly along with the high-tech and quick development, nations company with the circumstance increasingly complicated, industry pollution increasingly serious, traditional mistake duty system-" have no mistake namely irresponsibility" theories, more and more express its localization, especially in the field of the multinational environment injures, the most Obvious aspects is that the legal rights of innocents can not getthe protection, therefore, as complement and development on the system of nation' s duty, the system of nation' s indemnification duty should be established among nations. In fact, this kind of trend is already very obvious," the principle that nations shouled the international environment injure undertake the international environmental indemnification duty " has already been established as an international environment method of basic principle. Now international community also look the principle of strict injur indemnification duty as an important principle on pollution of the environment. Because of the specialility of ocean environment and the urgency of establishing the system on protection the ocean and historical reasons, the establishment of nation' s strict duty on multinational pollution obtains substantial exhibition in the last few decadeses, nation' s duty on ocean pollution has already been widespreadly accepted, national duty constituting the center of international ocean defending pullution system.This text first discussed the meaning of multinational pollution and nation' s duty , as well as the necessity of establishing the nation' s strict duty on multinational pollution . From the eventuality ocean polluting and not eventuality ocean polluting , analyzed nation' s duty on ocean pollution, described some cases about multinational pollution on the environment, including Trail Smelter Arbitration , Corfu Channel Case and the judgment as well as principles which established, analyzed the provisions in 1982 (( United Nations maritime law convention )) about nation' s duty on ocean pollution that caused.