International Legislation On Wetland Protection And The Improvement On Relevant Legal System In China

With the raise of the international environmental awareness, more and more people begin to realize the unique ecological and economic value of wetland, and the international society calls on every country to modify its legal system for wetland protection. Till now China has no special wetland protection law or regulation. The protection of wetland in China is still on basis of the traditional resources law. In view of the losses and degradation of wetland in China, China needs to formulate special wetland protection law without delay. On the basis of introduction of the successful experience of Wetland Convention and developed countries such as USA and Australia, the author tries to put forward some detailed and feasible suggestions on wetland protection legislation in China.The thesis consists of four parties:Part one gives the brief introduction of wetland and its values. Firstly the author analyses the different definition of wetland in different countries and the unique ecologic, economic and aesthetic value of wetland, and then the author presents the consistent losses and degradation of wetland in the world, whereas points out the importance and urgency of wetland protection.Part two introduces the wetland protection in Wetland Convention. Firstly the author introduces the obligation of the parties of the Wetland Convention. Secondly the author emphasizes the idea and instruments of the Convention on how to promote the parties to modify their legal system to protect their wetland. Finally, the author summarizes the influence of the Convention.Part three introduces the legislation and policy of developed countries on wetland protection. The author detailed the successful experience of the USA and Australia on wetland protection. For the USA, the author stresses its federal wetland legislation and recommends the idea of its legislation and the mechanism of balance interest. As for Australia, the author commends its national wetland policy and its mechanism for attracting public participation.Part four puts forward some legislation suggestions on wetland protection in China. The suggestions concern four aspects. Firstly, China should formulate the special wetland protection law. Secondly, China should establish the idea of protective use in wetland protection. Thirdly, China should design a mature mechanism of public participation. Finally, China should harmonize the function of management institutions.