The Legal Mechanism Of The Gms Biodiversity Conservation Corridor Construction

The Greater Mekong Sub-region Economic Cooperation (GMS) is a sub-region cooperation system which was led by ADB and taken part in by the six countries(Myanmar, Cambodia, Vietnam, Laos, Thailand and China) along Lancang-Mekong River. Its purpose is to strengthen linkages between the countries of sub-region and improve the competitiveness to achieve its integration, promoting economic and social development in this region. Just as "The National Report of China's Participation in the Greater Mekong Sub-regional Cooperation" (2005) says:strengthen cooperation among GMS countries will give full play to their strengths, improving the investment environment, enhancing the overall developing capacity, which will make it to become the new growth pole in the Asia-Pacific.Greater Mekong River Basin is rich in resources, how to develop and use the resources and protect it reasonably is an issue which was highly concerned by the member states. GMS economic cooperation involves in the fields of energy, transportation, agriculture, telecommunications, tourism and so on, obtaining a series of positive results. However, in the development and utilization of its resources, the importance of environmental protection has been recognized by the member of, many environmental cooperation projects have launched. Except the environmental authorities in each country, some international organizations such as ADB, WWF, IUCN provide a substantial financial and technical assistances to the environmental protection and its cooperation.GMS Biodiversity Conservation Corridors Initiative (BCI) was considered approved in the GMS Environment Ministers Meetings and Leaders Meetings in 2005, the project has entered the second phase now. From the current development situation of the BCI in member countries, the planned corridors have been established, and some specific biodiversity conservation projects have been carried out in varying degrees. The member states have achieved progresses in poverty alleviation, land use and management, ecological systems restoration and maintenance, capacity building, information exchange, sustainable financing and so on. In accordance with the BCI's expectation, in the second phase (2009-2011) construction plan needs to be expanded, more corridors will be built in key areas, but there're still some obstacles exist in reality to achieve the expectation.Existing research about the Lancang-Mekong Regional Cooperation focused on watershed resources development, economic cooperation, international relations, environmental security and etc, this paper mainly from the legal point of view, inquiring the legal mechanism of GMS BCI. The paper is divided into four part, the first part is an overview, about the definition of GMS, the concept of biodiversity conservation corridor and GMS BCI, combing the concept of "mechanism" and "legal mechanism", defining the concept of legal mechanism of the GMS BCI. The second part is the current situation of the legal system of GMS BCI, includes the launching of the GMS BCI, the current situation of legislation and enforcement. The third part is the problems which exist in the GMS BCI legal mechanism, mainly discussed from the two aspects of the legal system and the law enforcement agency. The fourth part is about to perfect the legal system, making the systematic improvements and proposals according to the shortages existed above, as signing the agreements, coordinating and integrating the national environmental legislations.