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The Study On The International Legal System Of Preventing Shipment Pollution

Posted on:2010-03-10Degree:MasterType:Thesis
Country:ChinaCandidate:J J TuFull Text:PDF
GTID:2166360275453728Subject:Environment and Resources Protection Law
Abstract/Summary:PDF Full Text Request
The sea is an important component of human being's living environment,when we human being explore and utilize the sea,we also destroy the sea and its ecological environment.There are many sources for the pollution of marine environment,but pollution from ships is an important origin.Especially with the rapid development of shipping industry in recent years,and the sharp growth of shipping volume of oil, chemicals,hazardous and noxious substances and the more and more giant transportation ships,the marine environment is facing serious threat from the ships day by day.As the international trade transportation's main means,the ships have great international fluidity.This character decides that the environment problem brought by ships needs high international cooperation,only by unified international legislation,can we find the balance between the shipping industry and the environmental protection. Therefore,preventing the ships from polluting the sea needs effective and strictly controlled international conventions and agreements.The reality is inspiring,since the 1950s,the international society carry on unremittingly endeavor and various attempt for preventing the ships from polluting marine environment,Rounding the prevention and control of pollution from ships,it formulate the corresponding control and manage criterions,adjust and perfect them with unceasingly development of the time. Meanwhile,pollution from ships is a kind of environment tort,rounding the polluter's responsibility and corresponding civil compensation in the entire tort,the international society also regulate it by legislation.It can be said that in the field of international legislation for preventing pollution from ships,a complete and effective conventional system for preventing pollution from ships has already established,a set of quite perfect international legal system for preventing pollution from ships has already formed.This thesis starts from the introduction of basic problems of pollution from ships, narrating the concept and characters,the huge harm as well as the scope of pollution from ships,and pointing out the significant meaning of preventing pollution from ships; Then elaborates the forming process of the international legal system of preventing pollution from ships,and studies this system by dividing it into two levels,after having analyzed the first level which is global frame convention-United Nations Convention on the Law of the Sea,discusses the relationship between it and the second level special international conventions for preventing pollution from ships;Regarding the important place that special international conventions for preventing the pollution from ships take in the international legal system,in the third chapter this thesis launches concrete elaboration from the prevention and control,emergency response,and compensation for damage of pollution from ships;Finally it discusses the legal system of preventing pollution from ships of our country,on the base of inspecting present situation to our country's legal system of preventing the pollution from ships,it points out the problems existed in this system,and proposes corresponding suggestions for perfecting it.
Keywords/Search Tags:Pollution from Ships, Prevention and Control, Emergency Response, Compensation for Damage
PDF Full Text Request
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