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Study On The Compliance Mechanism Of The IMO Conventions

Posted on:2021-05-14Degree:MasterType:Thesis
Country:ChinaCandidate:M D LiuFull Text:PDF
GTID:2416330602490112Subject:Science of Law
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The concept of global governance has not been unified in a clear way.Institutions and scholars in different fields have studied this issue from different perspectives.In a sense,International law is consistent with the goal of global governance,and it should be viewed as an important basis for the realization of global governance.The participation of the International Maritime Organization and the promotion of the compliance of the international maritime conventions also reflect the theory of organized compliance mechanisms.The characteristics of the International Maritime Convention have created a unique way and composition of the compliance mechanism of the International Maritime Convention,making the compliance mechanism of international maritime conventions different from the implementation methods of international conventions in other fields.Global governance is consistent with the compliance mechanism of International maritime conventions in many aspects.It is of great significance to study the compliance mechanism of International maritime conventions for promoting the construction of China's compliance capacity,developing China's shipping industry,enhancing China's international status in the international maritime organization,and enhancing China's global governance capacity.With the method of bibliography research and of integrating theory with practice,this article applies the theory of international treaty to compliance of international maritime conventions.The compliance mechanism of international maritime conventions has common with compliance mechanism of international treaty and characteristics of its own.This article consists of five chapters.The first part,as an opening part,of the global governance theory,laying theory foundation for whole article.In second,third and fourth chapter,I select the most important basic elements of the global governance theory,and draw the characteristics of the basic international maritime treaties.The characteristics of the basic international maritime treaties determine the development path of the implementation mechanism of the IMO basic international maritime treaties.IMO has expanded from the role of an international law-maker to a participant in the international maritime treaty,and has established multiple mechanisms to participate and to promote the implementation of the international maritime treaty.IMO are playing different roles in various mechanisms.IACS can play role on this.Above all are viewed in global governance theory perspective.In the second chapter,soft law and hard law embodied in International maritime conventions and protection for maritime common interest are consist of global governance theory.The main content of third chapter is establishment and development of compliance mechanism of international maritime conventions and comparison of compliance mechanism with traditional compliance mechanism of international law.The fifth is discussing subject and process of international maritime conventions.The last chapters focuses on the practice of China's international maritime conventions.Under the global governance theory,the way to promote ability of global governance is consistency between international law and national law.So,China will fill the gap between international maritime coventions and national maritime law.The last chapter is the measures to promote ability of global governance of China.Internally,China will fill the gap between international maritime conventions and national maritime law.Externally,China will provide international public goods in maritime field such as Post State Control system in South China Sea.As a member state of the IMO,China is playing a significant role in the shipping industry.An analysis of China's compliance with the international maritime treaties was found to be insufficient,hence suggestions were made to improve China's of status quo compliance and to maintain the image of China's maritime power.
Keywords/Search Tags:Global Governance, IMO, International Maritime Conventions, Compliance Mechanism
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