Research On International Law Regarding Marine Plastic Debris Governance

Since the invention of plastics,plastics have penetrated into every aspect of our lives,from clothing to paint,from car tires to skin care products.However,due to the random disposal of humans and improper disposal of waste,more and more plastics enter the ocean,which has a catastrophic influence on marine ecosystems and marine economic activities.The issue of marine plastic pollution concerns the common interests of mankind.As a counter instrument,International Iaw should make a timely response and be functional in protecting and preserving the marine environment,within and beyond the limits of national jurisdiction.At present,many countries have enacted legislation,bans or made action plans.Relevant conventions and instruments,in the nature of hard or soft law,have achieved certain results in regulating the marine plastic pollution.However,they are still unable to prevent spread of the pollution of marine plastics,which reflects that current international legal system for the prevention and control of marine plastic pollution still has some problems.Based on the reference of Chinese and foreign literatures,this paper starts with the background research of marine plastic debris,and analyzes the current legal framework for the control of marine plastic pollution,including its related hard law conventions,soft law instruments and the legal practices of some typical states?and then summarizes the problems of current international law system in the governance of marine plastic debris.Finally,this paper proposes that the current international governance system should be improved in three aspects,namely,soft law,special convention and regional cooperation,and presents specific solutions for the problems existing in the prevention and control of marine plastic pollution in China.The first chapter,“Overview of Marine Plastic Debris Goverance",demonstrates the current status,main source,and hazard of marine plastic debris.Besides,this chapter also analyzes the theory of the obligation erga omnes and the theory of global environmental governance,which are also the basis of this paper.The second chapter,"Legal Framework of Marine Plastic Debris Goverance",the author selects the hard law conventions and soft law instruments related to the governance of marine plastic debris,and illustrates the problems and shortcomings of the relevant international conventions or instruments.This part also introduces the legal practices of some typical statesThe third chapter,"Problems of Governing Marine Plastic Debris under the Current International Law System," points out that national compliance is crucial for solving the marine plastic crisis.Therefore,the reasons of non-compliance by the states and specific countermeasures are discussed.Chapter ? also analyzes the difficulties encountered by the international legal system in the prevention and control of marine plastic pollutionThe fourth chapter "Suggestions on Marine Plastic Debris Governance"endeavours to address the the problems in current international law system,and presents some suggestions for solving the problem of marine plastic debris pollution in the future.First,the value of soft law should be appreciated in order to achieve good coordination between soft law and hard law;secondly,to formulate special international conventions should be formulated timely;thirdly,some measures should be taken to strengthen regional cooperation.Finally,specific legal suggestions and countermeasures are proposed to solve the problems existing in the prevention and control of plastic pollution in China.