Font Size: a A A

Study On The Liability System Of Guarantor Countries In International Seabed Area Development

Posted on:2020-07-24Degree:MasterType:Thesis
Country:ChinaCandidate:H ZhaoFull Text:PDF
GTID:2416330578451151Subject:legal
Abstract/Summary:PDF Full Text Request
China has promulgated in 2017 samples of regional deep seafloor resource exploration and development management interim measures "the deep sea area resources exploration and development data management interim measures" of regional deep seafloor resource exploration and development license management approach ",to form a complete set of the implementation of the law of the People's Republic of China on the deep in the bottom of the sea area resources exploration KaiFaFa(hereinafter referred to as the act of deep sea),to further improve the development of international seabed region of China guarantees the responsibility system of legislation.With the gradual transition of international seabed development from exploration and exploration stage to development stage,the importance of the guarantor state responsibility system is self-evident.Meanwhile,in the process of development stage,the problems in the guarantor state responsibility system also gradually surface.Therefore,this paper is based on the liability system of the guarantor state in the international seabed area development and discusses it from five parts: the first part is the emergence and legal basis of the liability system of the guarantor state in the international seabed area development and the process of the emergence of the guarantor state responsibility system and the legal basis for its birth.The second part is the international seabed area development the main content of the guarantee liability system,through the guarantee liability of the tripartite main body,the object of the guarantee responsibility,the nature of the guarantee responsibility,guarantees the responsibility imputation principle,guarantee the implementation of the responsibility and liability conditions guarantees from five countries specify responsibility system;The third part is the international seabed area development guarantee liability system the main problems in the practice,through the development phase or there will be problems in practice were analyzed,and the guarantee responsibility respectively with national responsibility the nature of the dispute,"nautilus" model in developed countries and developing countries for the implementation of the security liability,guarantee the responsibility and authority to exercise power produced by the double punishment;The fourth part is the representative countries' legislation on the undersea regional development guarantee liability system.It introduces the general situation of the foreign guarantor liability system legislation,and introduces the United States law on deep seabed hard mineral resources and Germany law on seabed mining.The fifth part is about the performance of the undersea regional development guarantee responsibility,first introduced the legislative status quo of China about the guarantee liability system,then puts forward four Suggestions,including perfecting the state oceanic administration of the examination and approval and management of resources exploration,initiative and the deep sea act related laws and regulations,using the "convention on the law on the favorable conditions of developing countries,encourage China's private enterprises in terms of international seabed region development,so as to put forward the concrete performance guarantee responsibility of China can be suggested.
Keywords/Search Tags:The Area, Liability of guarantor, Deep Sea Law
PDF Full Text Request
Related items