The Study On China-Asean Marine Environment Protection Law System

The international community to the problem of the Marine environment related institutional research first began in the early20th century, the international oil pollution of the sea convention through in1954mark the Marine environmental protection of the official start of the international legislation and international cooperation. After more than half a century, the international legislation of Marine environmental protection has been developing rapidly, international cooperation is becoming more and more active, in1982as a charter of the United Nations convention on the law of the sea is by far the most comprehensive international legal system on Marine environmental protection. To protect the Marine environment of the international treaty to form the system, established a set of protection of the Marine environment of the international legal system. Many coastal countries through hard especially under the impetus of the United Nations environment programme (unep), forming a series of significant regional Marine environmental protection treaty.As the China-asean free trade area finally reached an agreement on regional investment, free trade area built completely will make further integration level, however, territorial disputes brought by the political interests, differences of regional parties in the lack of willingness to cooperate to protect the Marine environment. Since1974, the United Nations environment programme (unep) advocated "regional Marine planning", the association of south-east Asian nations (asean) all parties is the most important cooperation in2002"the south China sea and the gulf of Thailand environmental degradation trends" international cooperation project, regional Marine environmental legal system building process slowly makes scholars about building china-asean Marine environmental protection law system analysis of the study also stay in the economic interests of the parties and the idea of building a legal system.On construction of regional Marine environment protection law system, most domestic scholars is confined to the basic theory and the international environmental law and international trade, international investment, on the relationship between WTO and is not involved in all areas of international environmental law and problems. Scholars on the analysis of the connotation of these theories and opinions and requirements on the basis of the research involves the implementation of specific laws in China and the problems encountered. Chinese about the development of the Marine environment protection legislation, such as on April1,2000implementation of the new revision of the Marine environmental protection law, prompting scholars pay more attention to on the study of Marine environmental law and domestic law. The main purpose of the research is in order to China’s economic development is not bound by international environmental law, found in the related theory under the guidance of perfecting China’s Marine environment protection path, have very strong utilitarian.This paper discusses the framework is as follows:The first part, the china-asean overview of Marine environmental protection law system. Main study of Marine environmental protection international cooperation in legislation and Marine environmental protection and the cooperation between China and asean respectively.The second and third part is for the construction of the china-asean Marine environmental protection law system the necessity and feasibility analysis, and then the research between China and asean construction of Marine environmental protection law system of the path and mode selection.The fourth part, mainly involving the china-asean regional Marine environment protection legal system building. Mainly on the basis of environmental problems of China-asean regional Marine, draw lessons from the experience of other regional Marine environment protection law system puts forward related Suggestions.