Study On The Cooperation Mechanism Of Ships Pollution Response In The Exclusive Economic Zone Of China

In recent years,our country realize the importance of marine interests of country,put forward the strategy of ocean power and The Belt and Road Initiative.The implementation of these strategies depends on the improvement of the system.However,the "Sanchi" accident occurred in January 2018 revealed that China's pollution emergency response capacity of ships in waters under its jurisdiction is insufficient,which requires cooperation with neighboring maritime neighbors.At the same time due to the exclusive economic zone by the characteristics of the domestic law and international convention for the dual regulation,coupled with the existence of exclusive economic zone demarcation dispute,make application in our country existing legal cooperation mechanism can not be fully cope with ships pollution response cooperation in the region.Therefore,in order to safeguard our country's marine interest,in this paper,the cooperation mechanism of ships pollution response in the exclusive economic zone of China were studied.In addition to the introduction and conclusion,this paper consists of four parts.The first part expounds the importance and necessity of cooperation on ship pollution emergency response,analyzes the basis of international law for cooperation,and clarifies the legislative and executive powers enjoyed by China as a coastal state in the exclusive economic zone.The second part,first of all,in view of the existing in our country can be applied to the international and domestic cooperation mechanism in the exclusive economic zone are analyzed,and clear about the lack of cohesion between the international conventions and domestic law is b ggest problem existing in the current emergency cooperation related laws in China,analyzed the EEZ dispute then pointed to the influence of the implementation of the existing cooperation mechanisms and readiness for emergency cooperation.The third part compares and analyzes the mature international legal mechanism of the ship pollution response cooperation and the bilateral cooperation mode for the law enforcement in the disputed waters,in order to provide reference for the improvement of the current situation of China's cooperation.The mature international models,such as the North sea-Northeast Atlantic division model and the Mediterranean synthetical separation model,are of more reference value to China in both the legislative relationship between response cooperation and marine environmental protection and the institutional design of response cooperation mechanism itself.In the fourth part,aiming at the defects of the pollution response cooperation in exclusive economic zone of China in the second part,the author tries to improve the ships pollution response cooperation in China's EEZ by referring to the reference analysis of foreign mature mechanisms in the third part.Firstly,in the path selection of improving the legal mechanism of response cooperation,by analyzing the characteristics of enclosed sea or semi-closed sea in the surrounding waters of China This paper holds that although response cooperation in the exclusive economic zone is special,it should be returned to the overall regional Marine functional cooperation on the basis of the improvement of the cooperation mechanism,which not only conforms to the legislative choice of functional cooperation in the sea area in OPRC1990,but also conforms to the characteristics of enclosed or semi-closed sea areas in China.Secondly,in view of the lack of binding conventions in existing regional cooperation,the relevant systems of regional conventions should be discussed,and special arrangements that dilute jurisdictional conflicts and emphasize common responsibilities should be made in the disputed areas.Finally,in view of the defects exposed by our domestic legislation and the implementation of regional conventions,suggestions are put forward for the modification of the current domestic law on the response of ships pollution and the conclusion of bilateral agreements in the future.