The Improvement Of Environmental Protection System On The High Seas

The essay begins with the description of the attribute of the high seas from theaspect of international law, i.e. the high seas is out-reach of the sovereignjurisdiction of all and any countries, and the principle of freedom is the fundamentalof the current legal system of the high seas. And the author herein intends to proposesome feasible solutions and calls upon the international attentions to this issue basedon the discussion of the difficulties to the environmental protection and the controlof the pollution of the high seas.The first chapter of the essay focuses on elaborating the current pollution statusof the high seas as well as the main reasons to the pollutions. In this part, the authorpoints out that both the source and the scale of the pollution of the high seas increasesignificantly and continually that it has exceeds the self-purification abilities of theseas, due to the development of the economy and the improvement of the productioncapacities. Nevertheless, the prevention and the treatment to the pollution of the highseas face a dilemma because of the special attributes as well as the limitation of thefreedom principle of the high seas.The second chapter first explains the general imputation principle regarding theenvironmental pollution from the view of international law, and then point out thatneither the traditional illegality principle applicable in the environmental law, northe newly developed "acts not prohibited by international law" can be fully appliedto the objective demands of attributing responsibility in terms of high seas pollution. Based on the above, the author accordingly indicates the essential attributes thatshall be possessed by the special imputation principle applicable to the damagescaused by the pollution of the high seas. In addition, the author discusses andsummaries the specific form of the liabilities assumption of the high seas pollution.In the third chapter, the author discovers that the existing laws and regulationscould not meet the demands of treating the prevention of increasingly severepollution, after sorting out the existing laws and treaties regarding the prevention ofthe high seas pollution. Furthermore, the author proposes the plan of formulating aspecialized international treaty, which is lacked of currently, and discusses thepurpose, the notions and certain specific systems etc. that shall be stipulated in thereferred treaty.In the fourth chapter, the author discusses that a global institution which canuniformly manage and control the high seas pollution with clear power divisionbased on the analysis and elaboration of the existing high seas governanceinstitutions. Meanwhile, the author puts forward some advices regarding theestablishment of a specialized governance institution in terms of the current lack ofunified governance institutions to the high seas pollution. In addition, the author alsoraises a proposal of establishing a special fund for the environment of high seas, forthe purpose of providing financial support to the protection and pollution control ofhigh seas environment.In the fifth chapter, the author analyses the newly emerged opinion andtendency that aiming at establishing “Conservation Area of High Seas”, which isone of the valid and feasible solutions to protect the ecology of the high seas.Meanwhile, the author also takes serious considerations on the potential issues andsuggests that it is feasible to establish “Conservation Area of High Seas” by virtue ofregional cooperation without violating the principle of freedom in high seas.In the sixth chapter, the author, after combing and summarizing the content ofthe essay, further emphasizes the importance of protecting the environment of highseas and the significance of treating the pollution of high seas to the human kind.