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Analysis Of Costal States' Legislative Jurisdiction Over Vessel Pollution In Its Exclusive Economic Zone

Posted on:2019-09-09Degree:MasterType:Thesis
Country:ChinaCandidate:Y J ZhouFull Text:PDF
GTID:2416330596452325Subject:International Law
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According to Declaration of the United Nations Conference on the Human Environment(1972),the ocean,which accounts for about 71% of the earth's surface area,regulates the global climate with its huge body of water.It provides a home for many living creatures.The ocean has an indispensable significance for the survival and development of human beings.With the development of marine industry,harmful substances such as oil,chemicals and other substances get into the sea,and marine ecological environment was threatened or seriously damaged.It also endangers the economic interests and health of the human body directly.Vessel pollution makes coastal states become the biggest victims,and the exclusive economic zone of coastal states is the most serious area affected by vessel pollution.The unique legal status of the exclusive economic zone makes questions of the legislative jurisdiction of vessel pollution particularly complex in the region.Canada is located in northern North America,west to the Pacific and east to the Atlantic.It is the country which has the longest coastline of the world.It is a large ocean country with comprehensive features including port state,coastal state andmarine state.Although the 1982 "United Nations Convention on the law of the sea" provides legal guidelines and basis for all marine states' environmental legislation,and expand the coastal states' jurisdiction of environmental protection to the exclusive economic zone,but its provisions are still not clear and perfect.And Canada,as a landmark coastal state,has made many breakthroughs in the international scope of the jurisdiction of vessel pollution in its exclusive economic zone.In order to explore the breakthrough legislative jurisdiction over vessel pollution Canada made in its exclusive economic zone and experience provided to other coastal states.This thesis has 5 chapters.Chapter 1 briefly introduces the meaning of vessel pollution and its harm,indicates the seriousness,harmfulness and legislative value of vessel pollution and the great significance of prevention of vessel pollution made for the protection of the marine environment,and also make the readers can fully understand the meaning and classification of vessel pollution.The first section of Chapter 2 introduces the development process of vessel pollution legislative jurisdiction of international customs,the second section introduces the process of development for the exclusive economic zone over vessel pollution legislative jurisdiction of different legislative background and purpose,different understanding of the meaning of content,judicial practice and other perspectives of the international treaty.Chapter 3 carries on the concrete explanation for the "United Nations Convention on the law of the sea" in 211 st and 234 Th,due to the convention has a particularly complex framework of vessel pollution,because the flag state,port state and coastal state all have certain jurisdiction on the prevention and control of vessel pollution and most detailed for the construction of coastal states' legal framework.Chapter 4 analyses Canada's practice of legislative jurisdiction over vessel pollution in its exclusive economic zone,describes a series of measures taken by Canada and the country's domestic legislation on vessel pollution control law.The final conclusion will be summarized in the last chapter.From the perspective of theoretical analysis,comparative analysis of the rules,based on history and purpose,the relevant rules and case analysis of Canadian legislative jurisdiction over vessel pollution in its exclusive economic zone,summarized its significance for our country and other coastal states.The problem of vessel pollution is a significant global problem.Because of the fluidity of sea water and the unity and complexity of environmental problems decide if there is no cooperation between countries,the goal of marine environmental protection is difficult to achieve or even impossible to achieve.In the end of the thesis shows the prospect of the international society for international cooperation in marine pollution legislation in the exclusive economic zone,not just stay in the general discussion in various forums,we must seek to draft a legally binding international convention,to ensure that countries take effective action to strengthen cooperation to solve the legislative jurisdiction problems over vessel pollution in its exclusive economic zone.
Keywords/Search Tags:vessel pollution, exclusive economic zone, "United Nations Convention on the law of the sea", legislative jurisdiction
PDF Full Text Request
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