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The Study Of International Legal Rules Of Wetland Protection And The Application In China

Posted on:2016-06-01Degree:MasterType:Thesis
Country:ChinaCandidate:M M GuoFull Text:PDF
GTID:2296330479488018Subject:International law
Abstract/Summary:PDF Full Text Request
Wetlands, as treasures of nature, played an indispensable role in the history of human development, some of which are even cradles of certain civilizations. While so far wetlands have been one of the most severely damaged ecosystems. In recent years, with the realization of the essential value and function of wetlands, systematic legal protection of wetlands become more and more desirable for meeting the needs of sustainable development. After the decades of over-exploitation of the ecological resources, sustainable development is now a common understanding of human being and it is truly the right view to develop and utilize the wetlands.Lack of systematic legal protection is the critical reason that large-scale destruction of wetlands happened in China, and it brought great difficulties for the effective management, conservation and utilization of wetlands. The purpose of this study includes sorting out international legal rules on wetland protection, analyzing the relevant rules and finding the applicable rules in Chinese situation; trying to analyze reasons for the lack of such legal protection and raising the personal views for corresponding solution; drawing attentions about wetland conservation and protection in order to accelerate the process of improvement of legal wetland protection.The thesis consists of three chapters: the first chapter introduces the theoretical basis of wetlands, the disunity of wetlands definitions world-widely, particularly points out the importance of wetland management concepts. Combined with ecological value of wetlands, the socio-economic value, aesthetic value wetland points out the necessity and urgency of wetland protection. Then explore the important ecological and environmental protection concept, put forward the potential impact of environmental justice, the concept of wetland ecosystems, and to investigate the situation of our country, the concept of “nature and people are the same” cannot be ignored. The idea of involving sustainable development, the concept of international cooperation as well as the concept of ecological compensation should be the ultimate guiding philosophy in China. The second chapter describes the manifestation of wetlands of international legal rules. The most important one, which reflected international law, are the Ramsar Convention. It embraces the rational use of wetlands, international cooperation and the States parties to the relevant obligations, including the obligation to guide, notification obligation, to develop wetland-planning obligations. In order to achieve better results, Ramsar Convention cooperates with other international environmental conventions, UNEP and other international organizations. Moreover, legislation from the United States proposed a "zero net loss" rules, and Japan proposed hearing system to implement wetland of international rules. These inspiration and measures can be used in China and improve Chinese national legislation. The third chapter introduces the current situation of fulfilling the Ramsar Convention obligations, including the central and local compliance agencies, the achievements and difficulties during the implement of the Ramsar Convention, international exchanges and cooperation. But at the same time proposed legislation wetland system still exists some problems. I made some feasible suggestions for establishing wetland legal system, such as issue the Wetland Protection Law or the use of market instruments. Eventually, I hope to draw attention of the public and to establish wetland protection legal system which has the characteristics of sustainable development.Innovation of this paper is combined with the latest introduction of the Wetland Regulations and the newly revised Environmental Law and proposed new developments from wetland areas, the author put forward a sound proposal to improve the legal system of wetland protection.
Keywords/Search Tags:Wetlands, Wetlands protection, International rules, Legal protection
PDF Full Text Request
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