Research On Legal Regulation Of Marine Invasive Species Prevention In The U.S

With the development of the global economy and trade,marine speciesare brought from the original growth seas to other waters by people,thesespecies are called marine invasive species.Marine invasive species bringsignificant threat to environment、economic development and human race,itgives people cause for concern.The United States is surrounded by the seaon three sides and has developed maritime trade,the environment of theGreat Lakes in the northern part of this country which is adjacent toCanada is complex,so the U.S. has suffered from the marine invasivespecies seriously.To solve the marine invasive species problem,U.S. Beganlegislation in the1990s and now has established a perfect legal systemon prevention of marine invasive species,these systems are workingwell.Although these systems still have flaws,the U.S. has provided us lotsof revelations.IUCN has defined marine invasive species strictly.Marine invasivespecies has caused serious damage on various aspects of American economyand society.This is the background and necessity of legislation in theU.S.Through the federal legislation and state legislation of U.S.as wellas the response to the international conventions,it is concluded that theU.S. adopts a centralized and specialized legislative model.This modelhas both of pros and cons but it does more good than harm.In addition thelegislative trend of recent years shows as:at first,measures ofecological restoration and environmental rehabilitation has increased alot,and then the classification of legislation is more and moredetailed.On the basis of the carding of laws and regulations,the legalsystems of marine invasive species which are included in laws and regulations are summarized,these systems are environmental impactassessment system,permit system,species list system,ballast watermanagement system, legal liability of invasive species system andjudicial relief system.The first four systems are used for prevention,thelast two are used for control and governance.At last,by studying thesocial effects of the legal systems in practice and analysising themeasures for prevention,some problems of these systems aresummarized,they are: the precautions lacking detailed provisions,a lackof effective control measures, federal legislation and state legislationbeing overlapping and a lack of public participation. Although there aresome shortcomings,the U.S. has provided other countries some revelationson prevention of marine invasive species: protecting the interest ofenvironment should be a fundamental principle of legislation;implement theprecautionary principle to establish a strict prevention system;improvethe legal liability system;establish a coordinate management system.