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Current Situation,Problems And Suggestions Of International Legal System For Marine Plastic Waste Control

Posted on:2021-03-31Degree:MasterType:Thesis
Country:ChinaCandidate:F F ChenFull Text:PDF
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Marine plastic waste pollution has a great impact on marine ecological environment,biodiversity,offshore aquaculture and coastal tourism,and also poses a serious threat to food safety and human health.Since 2014,the United Nations Environment Programme(UNEP)has attached great importance to the problem of marine plastic waste pollution.The topic of marine plastic waste pollution prevention and control frequently appears in the United Nations Environment Assembly,which not only proposes a global reduction plan for the prevention and control of plastic waste,but also proposes major environmental issues with global influence,such as global warming,ozone hole and seawater acidification.However,compared with the increasingly severe marine plastic waste pollution in the world,the existing international agreements on marine plastic waste pollution are highly lacking in legal regulations,far less perfect than the global carbon emissions and other persistent organic pollutants regulations.Therefore,the international community urgently needs to raise the attention of all groups in the world to the problem of marine plastic waste and perfect the existing international laws to regulate it.This paper turns its perspective to the developing international regulation,combing the regulation measures on marine plastic waste pollution in several representative international conventions dealing with marine environmental pollution from the global and regional levels respectively.It is found that the existing international law is facing non-compliance behavior,non-uniform standards,limited jurisdiction over the main sources of marine plastic waste,imperfect disciplinary mechanism and other issues in the treatment of marine plastic waste.Marine plastic waste pollution,ozone hole and global warming are both transboundary environmental pollution problems,which affect the sustainable development of the global environment and the common interests of all mankind.All countries in the world must have experiences and lessons to learn from in the process of governance.Therefore,this article chooses two representative treaties in the current international law practice to solve cross-border environmental pollution-Montreal Protocol and Kyoto Protocol for comparison and reference,which is also the innovation of this article.Several experiences for the successful operation of an international agreement,including institutional,financial,technical and legal constraints.The success of the Montreal Protocol and the difficulties encountered by the Kyoto Protocol are closely related to the proper application of these factors.From the international laws and regulations on global greenhouse gas emissions and ozone layer depletion,the commonness with marine plastic pollution prevention and control is found.Based on this,how to regulate marine plastic waste and microplastics in international law is discussed.Finally,based on the current problems of international law in the treatment of marine plastic waste,the reasons for its occurrence and the experience and lessons of international practice in cross-border pollution,and relying on the current basic scientific theoretical research,application technology update and pollution control status quo related to the international marine plastic waste pollution problem,this paper holds that at the present stage countries are restricted by the level of economic development,in order to balance the impact of economic development and marine plastic pollution control,in the treatment of this problem,We should focus on mending the original system and put forward some feasible suggestions.First,we should improve the compliance mechanism by setting up supplementary technical and financial assistance mechanisms in the treaty,revising and improving legal provisions,punishing non-compliance and so on.Second,the standards in international treaties should be unified and disputes should be reduced by clarifying and refining the contents of the rules,reducing the exemption ratio,and unifying the global monitoring and evaluation standards.Third,set up mechanisms such as capital,technology and information sharing to strengthen the application of common but differentiated responsibilities.Fourth,it refuses to "stick to its own policies",avoids "unilateralism"and advocates global and regional cooperation.
Keywords/Search Tags:marine plastic waste pollution, 1982 United Nations Convention on the Law of the Sea, Montreal Protocol, Kyoto Protocol
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