China To Prevent Ship Pollution Laws

We are in an era of environmental consciousness. Society has never been so deeply realized and attempted to resolve serious environmental pollution problems around. This paper is trying to clarify antipollution laws and regulations about a particular source of pollution—ships applicability in different areas. With comparative study, I try to give recommendations which may perfect our ship antipollution legal system, and make it more effective for ships to play the role of antipollution.In view of increasingly prominent hazards of pollution from ships, half of the 20th century, we gradually strengthened the ships'antipollution legislation both in home and abroad. The United Nations and the International Maritime Organization (IMO) have developed a series of international conventions regulating international shipping industry. China also provides the ships'antipollution requirements in the areas of environmental protection, dangerous goods management, pollution control, ship inspection and so on. But generally those criterions were on marine and inland.This legislative model led to different routes of the ships apply to the different antipollution laws and regulations within domestic water area in this stage, that is, international conventions apply to the international voyage ships, marine antipollution regulations apply to the national sailing inshore ships, freshwater antipollution regulations apply to the inland river ships. Similarities and differences between them provide a useful model for relevantly comparative research.Existing legal researches on pollution from ships mostly focus on the legal relationships in the tort law when the damage of pollution happened. This paper focuses on antipollution laws and regulations of ships, because in terms of pollution from ships, to prevent its occurrence is not only the most responsible, but also the most economical choice. Existing international antipollution conventions'researches mainly focuses on publicity and discussion of the relevant technical requirements, this paper give a comprehensive analysis of antipollution provisions of international conventions from the legislative point of view, in order to take lessons from the legislative ideas, legislative priorities, legislative skills and implementation mechanisms, so as to improve antipollution laws and regulations of the domestic sailing ships, especially about the inland river ships.Since I have been long engaged in ship antipollution management work and accumulated a certain amount of practical experience, therefore the combination of theory and practice is a feature of this paper-I don't only analyze the legal reasons of practical problems, but also discuss the influence which the legislation may bring to the actual operation.Besides the introduction and conclusion, the main part of this paper is divided into four chapters:The first chapter introduces the international legislation of the ships' antipollution. After combing relevant international conventions, I confirm the existing international conventions of the ships'antipollution, focusing on the introduction of background, constitution, amendment and its entry into force situation of convention, outline the relevant supplementary articles of convention. In order to avoid the duplication with the third chapter, I don't analyze the provisions in this chapter, but refined features of the convention.The second chapter describes the antipollution legislation of domestic sailing ships. After combing the whole environmental legislation in China, I respectively introduce ship antipollution laws and regulations which apply to marine and inland river according to distinction in chronological order. Through introduction of related criterion, I pave the way for subsequent comparison.The third chapter is the nuclear comparison part of this paper. In order to take into account of the comparisons between conventions and other norms or the annex to the conventions, I break up the original system of annex to the convention, compared to the same specification object with similarities and differences between the different provisions of applicable law. Through careful comparison, this chapter attempts to show the original differences between the three, and tries to do not make any personal comment.Chapter IV is the nuclear analysis part of this paper. Based on exhaustive comparison of the previous chapter, this chapter is divided into seven parts and analyzed the gap between domestic sailing ships antipollution legislation and international conventions. The proposed improvement of domestic sailing ships antipollution laws and regulations system may be discussed from six aspects.