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Research On Residual Rights Related To Marine Pollution

Posted on:2021-01-30Degree:MasterType:Thesis
Country:ChinaCandidate:K LuFull Text:PDF
GTID:2436330623471845Subject:International law
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The United Nations Convention on the Law of the Sea,adopted by the Third United Nations Conference on the Law of the Sea on December 10,1982,provides for territorial and contiguous zones,exclusive economic zones,international seabed areas,islands,closed or semi-closed seas,high seas,Substantive rights and obligations such as international straits,archipelagic states,freedom of transit in marine transit,protection and preservation of the marine environment,marine scientific research,development and transfer of marine technology,and procedural rights and obligations such as dispute settlement.These issues,which almost cover the maritime field,provide legal guarantees for the construction of a new maritime order.It is the most successful international code in the world and is known as the "Marine Constitution ".The United Nations Convention on the Law of the Sea was born in a complex historical environment,which means that it is an international code of compromise.There are many rights that are not stipulated or stipulated in the civilized laws of the law.This is the "Residual Rights" that the industry has been discussing.The remaining rights in the exclusive economic zone include the remaining rights related to military use,the remaining rights related to marine scientific research,the remaining rights related to the use of biological resources,and the remaining rights related to marine pollution.The United Nations Convention on the Law of the Sea provides for various pollution sources that cause pollution of the marine environment,as well as measures for countries to prevent,reduce and control pollution of the marine environment,but many provisions are also only principles.The Convention stipulates that,as far as possible,within the jurisdiction of coastal states,a system under the jurisdiction of coastal states,flag states and port states should be established.However,if the three parties have jurisdiction,and the parties do not clarify what kind of jurisdiction is exercised by the parties individually or in cooperation,it will cause jurisdiction tooverlap or even conflict.The Convention also stipulates that,through competent international organizations or diplomatic conferences,countries should formulate international rules or standards that can be applied by the entire international community or region.However,the specific contents of "competent international organizations" and "international rules and standards" are not clearly specified or explained.This casts an even more ambiguous jurisdiction.The settlement of the remaining rights of marine pollution in the exclusive economic zone requires both international and domestic approaches.Internationally,aglobal or regional,specialized and comprehensive international competent organization should be established to provide a platform for the development of international rules and standards.Countries should work together under the premise of respect for national sovereignty,supplementing judicial procedures with political consultations.As a big maritime country,if we want to strengthen the governance of marine pollution in the exclusive economic zone,we should fulfill and strengthen our national jurisdiction,enrich the supervision methods of marine environmental protection,and maintain the sustainable development of the country's oceans.
Keywords/Search Tags:United Nations Convention on the Law of the Sea, Exclusive Economic Zone, marine environmental pollution, residual rights
PDF Full Text Request
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