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The Analysis On The Application Of Precautionary Principle In The Marine Environmental Protection Of EEZ In China

Posted on:2012-03-19Degree:MasterType:Thesis
Country:ChinaCandidate:J P WeiFull Text:PDF
GTID:2216330341952556Subject:Fisheries environment protection and management
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At present, coastal and offshore ocean pollution has become increasing serious, however the marine environment of the exclusive economic zone is overall in good condition, in order to protect the marine environment of the EEZ, China has published many legal, institutions and measures, such as, "Marine Environment Protection Law of the People's Republic of China", " Law of the People's Republic of China on the Exclusive Economic Zone and the Continental Shelf", "Regulations on Administration of Prevention and Control of Pollution to the Marine Environment by Vessels" and measures like total amount control of pollutant system and permit system, but the effect is not obvious. China need to change the current legislation and management concepts and use new management methods to protect the marine environment of the EEZ on a better way.More emphasis was put on the protection of marine environment all over the world. Many methods had been used to tackle with the increasing serious marine pollution, among which precautionary principle was an effective one. Focusing on uncertain risk, precautionary principle offers more cautious and effective protection to the marine system. It has been referenced by some international agreement and some national legislation because its validity for the marine environmental protection has been confirmed. At present, precautionary principle was not used in the marine environmental protection of the exclusive economic zone of our country, it benefits to introduce the precautionary principle to the marine protection. This paper introduce the production, development and basic connotation of the precautionary principle, as well as the marine environmental protection in EEZ. Analysis of the necessity and feasibility of applying the precautionary principle in the marine environmental protection of EEZ was made, and last but not least, the paper offer the application of precautionary principle in China. In addition to introduction and conclusion, the article includes four chapters: The first chapter discusses the emergence, development, definitions and associated arguments of the precautionary principle. First, this chapter enumerates the important international conventions, declarations or decisions of international organizations in the process of emergence and development of precautionary principle, besides, do a summary analysis about the application of precautionary principle in legislation at the domestic and regional level; Secondly, the chapter explain the reason why this translation version of precautionary principle was selected, then by comparing different definitions of the precautionary principle, derive the core spirit and content of the precautionary principle: there are some potential environmental hazards, scientific uncertainty and this scientific uncertainty is no reason to reject or postpone action;Thirdly, the chapter discuss some disputes of the precautionary principle in international world: the ambiguity of the precautionary principle, application of precautionary principle may bring new risks, the precautionary principle may lead to trade protectionism and the application of the precautionary principle may cause high cost, reach the conclusion that these arguments of the precautionary principle does not affect the application of the marine environment in the EEZ. Finally, distinguish between the precautionary principle preventive principle and preventive methods has been made. The second chapter begins by defining the concept of marine environment and pollution of the marine environment in the marine environmental protection; then describing the marine environmental protection regulations about the EEZ in the "United Nations Convention on Law of the Sea"; Thirdly, carrying a detailed description of the legal, institutions and measures in the marine environment protection of EEZ in China, which also includes our participation in international conventions and international cooperation; Finally, through the analysis, derive the current problems in marine environmental protection of the EEZ of China: environmental pollution situation is not optimistic, inadequate monitoring of the marine environment and backward in legislative and management concepts.The third chapter offers the necessity and feasibility analysis on the application of precautionary principle in marine environmental protection of EEZ. The necessity analysis was made by analysing the current marine development strategy of our country and the changes in the pattern of economic development, combing the current status of the marine environment and related legislation of the EEZ, conclusion has been reached that it's necessary to apply precautionary principle in the marine environmental protection of China's EEZ. Feasibility analysis is made from four aspects: the Suit condition of precautionary principle, its development of the theory, the basis of the domestic legal environment and the practice in other areas, then reach the conclusion that the application of the precautionary principle in the marine environmental protection of EEZ is feasible.Chapter four offers the idea of the application of precautionary principle in the marine environment protection of China's EEZ after considering the current problems of marine environment protection. The idea includes six aspects: the establishment and improvement of the marine environment monitoring system, improvement of the legal system of marine environmental protection, the establishment of public participation mechanism, the set up of early warning system which also includes the establishment of red tide monitoring and warning system, the application of the precautionary principle in the phytoplankton monitoring system in China's EEZ and the application of precautionary principle in the disputed areas of China.
Keywords/Search Tags:Marine environmental protection, Exclusive Economic Zone, Precautionary principle, Public participation, Early warning system
PDF Full Text Request
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