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Research On The Limits Of Authority Of International Law About Australian Antarctic Environment Protection

Posted on:2020-03-17Degree:MasterType:Thesis
Country:ChinaCandidate:Y LiuFull Text:PDF
GTID:2416330572969808Subject:legal
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Because of its unique geographical location and environmental characteristics,the Antarctic region has gradually become a comprehensive new frontier.Many countries use this platform to demonstrate the level of science and technology,expand strategic areas,and compete for comprehensive national strength.Today,global climate change is particularly significant,and the protection of the Antarctic environment is imminent.It has also become a hot topic of non-security that has attracted much attention from the international community.Australia has always regarded the Antarctic region as a backup force for its own national strategy,who is keen to promote the signing of the Antarctic Treaty and has always played a positive role in actively promoting the development of the Antarctic treaty system.Since the Antarctic Treaty did not fundamentally resolve the legal status of Antarctica,the Treaty(Article 4)stipulated that the Antarctic territorial claims of various countries were frozen,and the disputes between the countries concerning the Antarctic territories gradually eased and shelved.Subsequently,the Antarctic treaty system was gradually established,regulating the participation of countries in Antarctic affairs,and providing relevant legal guidance for countries.After the entry into force and application of the United Nations Convention on the Law of the Sea,Antarctic area was again turbulent.Many countries in the Antarctic Territory have discovered that there are many differences between the Antarctic Treaty and the United Nations Convention on the Law of the Sea and the conflicts on the same issue.They have begun to try to compete for their rights and interests in the Antarctic waters through these aspects.Includes applications for rights to its "territorial sea","exclusive economic zone" and "continental shef".This article focuses on Australia's jurisdiction to protect the Antarctic environment under the legal framework of the Antarctic Treaty and the United Nations Convention on the Law of the Sea.Learn from Australia's solution to the disputes in the Antarctic region,so as to provide an institutional reference for China in dealing with the Antarctic issue.This article is divided into four parts.The first part asks questions.The analysis and research on Australia's Antarctic environmental legislation reveals the problems in the legislation and analyzes the main problems encountered by Australia in the process of environmental legislation through its stated objectives of international law.The second part analyzes the problem.In the context of the Antarctic Treaty System and the International Law of the United Nations Convention on the Law of the Sea,explore a series of specific practices for Australia to protect the Antarctic environment and analyze its behavioral value,legal basis for conduct and behavioral motivation.The third part,the preliminary conclusion.This part is the key chapter of this article.Combined with the specific theoretical basis and practice of Australia's protection of the Antarctic environment,it comprehensively analyzes the legitimacy of its specific behavior.The fourth part is the revelation of China.China's participation in the Antarctic is not high.By studying Australia's participation in Antarctic environmental protection practice activities,it provides clear ideas and institutional guidelines for China,and also responds to the planning of the 13th National People's Congress Standing Committee to include Antarctic activities and environmental protection laws in the legislative process.
Keywords/Search Tags:Antarctic region, Environment, Protection, Antarctic Treaty System, Sovereignty, Limits of authority
PDF Full Text Request
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