Study Of Distribution System Of Burden Of Transboundary Marine Pollution

With the gradual development of world science and technology, mankind has made great achievement at the same time, the behavior is more or less to the environment left indelible marks, brought irreparable damage, however the environment to human issued a warning, such as the global greenhouse effect of carbon dioxide, tsunami, tide phenomenon is the environment to human remind, let people don’t forget Protect environment in the development of the.The ocean as human cradle of life, as the blood of the earth, is of great importance to us, the Greek philosopher sage Xie said: "all the Yu Haiyang, inexhaustible, all returns to the ocean, disappear completely." The 1609 Holland jurist Grotios in "freedom of the seas on" a book published marine liberal views, he thinks, possession system is based on the fact that most substances, can be arbitrary use of depleted, but the sea is not so. It can neither be shipping cannot be exhausted by the vast sea fishing, so the water must be free. But for the Fukushima nuclear radiation, the Japanese government pouring waste water into its territorial behavior, have a serious impact on the coastal environment, so no matter from the sustainable development of marine environment or on the coastal state interests, are the urgent need to solve the problem, so to investigate the burden of transboundary marine pollution, the trend of international practice. This paper is divided into five parts to discuss.PartⅠ: the overview of transboundary marine pollution. This part is mainly to design view, the transboundary marine pollution concept, characteristics, classification and current situation of transboundary marine pollution are briefly introduced. According to the "United Nations Convention on the law of the sea" is the definition of joint to pollution of the marine environment, but the definition of transboundary marine pollution has experienced a long legal research scholars, finally according to the definition of transboundary marine pollution is defined to deduce the pollution of the marine environment of the United nations.PartⅡ: the legislative status of transboundary marine pollution liability distribution system. This part is from international organizations and countries to discuss the responsibility of transboundary marine pollution of the marine environment legislation. By signing the Convention to restrict international provisions of marine environmental protection in various countries to comply with the international convention, however all coastal states through their own national conditions make the corresponding domestic law to protect their own interests. Finally, through analysis the legislation situation existing, to perfect the transboundary marine pollution liability legislation.PartⅢ: The state responsibility for transboundary marine pollution. Act of state caused by transboundary marine pollution damage results in accordance with international law should bear the responsibility of national compensation, while the country as the main transboundary marine pollution liability subject is the international law has been recognized, the international community has bias in the country to address transboundary marine pollution problem, because this facilitates the implementation of compensation system. This part introduces the state responsibility in the transboundary marine pollution liability treaty basis and importance.PartⅣ: The personal responsibility of transboundary marine pollution. With the continuous development of international, personal participation in international activities has gradually increased, so individual behavior caused by transboundary marine pollution damage is also rising. International law, individual behavior also gradually into the international treaty, the individual has become one of the main responsibility of transboundary marine pollution, although the individual responsibility has certain limitation, but the pursuit of national responsibility single is not fair, so this part introduced the provisions of individual responsibility in international law, and the scope of personal responsibility and exemption.PartⅤ: Has the responsibility distribution system of transboundary marine pollution problems and improve the. No relief, no law. Because of the transboundary marine pollution liability system attention, before the establishment of the corresponding legal system, but because the legal system established after the problem is specified, so there is a certain lag, so the legal system is not perfect is possible. Compared to our country in the transboundary marine pollution liability legislation, relevant laws are not perfect, relevant law is relatively dispersed not system, between upper and lower not coordinated, although China has acceded to many international conventions, but justice or not to good use of international convention. Therefore, this part puts forward the existence of transboundary marine pollution liability system problems and suggestions on how to perfect in the international law perspective, as well as our country exists in the transboundary marine pollution liability distribution system problems and suggestions.