Study On The System Of National Jurisdiction Over Marine Pollution From Land-based Sources

The protection of the marine environment has a crucial importance for thesurvival and sustainable development of human beings. However, in the rapid processof social and economic evolvement, along with the growing human activities formarine development, marine pollution suffered worsening. Land-based sources ofpollution are the largest sources of the pollution of marine environment. Mostcountries in the world already have a clear understanding in this issue and theyactively develop the relevant domestic legislation and international treaties in order toeffectively prevent and control land-based sources of marine pollution. According tothe data released by China Oceanic Administration, in the recent years, China’s annualtotal amount of land-based sources of pollution into the sea is very huge, and thepollution of the marine environment is shocking. However, the national jurisdictionsystem of China for the prevention and control of land-based sources of marinepollution still have many shortcomings which are in urgent need of further improved.In this paper, starting to the characteristics and sources of law of the system ofnational jurisdiction over land-based sources of marine pollution, comparativelyanalyzed on the legislation of the major developed countries on land-based sources ofmarine pollution, as well as summarized and researched on the international legalregime of the prevention and control of land-based sources of marine pollution.Deeply think about and make recommendations to the improvement of the jurisdictionsystem of China over land-based sources of marine pollution, in order to make moreeffective progress on the protection of the marine environment in our country. In addition to the preface and epilogue this paper is divided into four main parts:The first part is an overview of the system of national jurisdiction overland-based sources of marine pollution, introduced the concept and nature, the sourcesof law as well as the formation and development of the national jurisdictionoverland-based sources of marine pollution.The second part, laterally compared the legislation of the major developedcountries on the jurisdiction over land-based sources of marine pollution, from twomain aspects of the formation of the background and the status of legislation tointroduce the jurisdiction system of land-based sources of marine pollution in theUnited States and Japan, and made relevant evaluation in order to improve and perfectthe corresponding systems of our country.The third part, mainly based on three levels of the universal internationaldocuments and regional conventions on the prevention of land-based sources ofmarine pollution as well as the marine sanctuary program of the United NationsEnvironmental Protection Department, discussed and summarized the relevantinternational legal system of land-based sources of marine pollution.The fourth part, deeply thought about how to improve the jurisdiction system ofChina over land-based sources of marine pollution, and discussed the legislative statusand the main problems of jurisdiction over land-based sources of marine pollution inour country, analyzed the necessity and feasibility of the legislation on the jurisdictionover land-based sources of marine pollution jurisdiction. From the three aspects of theimprovement of the legal and administration system as well as the establishment ofpublic participation system on land-based sources of marine pollution to make someshallow recommendations on how to improve the system of jurisdiction overland-based sources of marine pollution in our country.Finally, summarized and generalized the full text in the epilogue.