Coastal States Carry Out Research On The Jurisdiction Of Ship-source Pollution In The Exclusive Economic Zone

The ocean not only is important for human's sustainable development,but also is the foundation of the community with shared future and mankind.The development of Marine technology and the prosperity of shipping business in modern times expanding the scope of the Marine resources the people development and utilization,also broaden the edge of the ocean environment pollution.Most vessel source pollution happens in exclusive economic zones and it becomes the main pollution source in the zone nowadays,but the enforcement of the jurisdiction become more complex as it conflicts with the freedom of navigation and involves to the general provisions of the United Nations Convention on the Law of the Sea(UNCLOS,for short).As the ocean trade and the development and utilization of Marine resources of international society are gradually deepened,the coastal countries' jurisdiction order,policy in the exclusive economic zones are keep changing,leading to many disputes in the regulation of the vessel source pollution management standards and actual practice.Therefore,analyzing the essence dispute and looking for the jurisdiction operation system that suitable for China and the international community's vessel source pollution in the exclusive economic zones are necessary.China should perfect the legislation and enforcement system of the ship pollution,promote to build a scientific,rational sailing order in the zones to protect the Marine environment,especially after the “1.6 ships collision in the East China Sea”.The paper divides into four parts,its main content is as follows:The introduction: combined with the reality of the vessel source pollution in the exclusive economic zones,summarizing the present situation and the characteristics of the pollution,and that leads to get the significance of the vessel source pollution jurisdiction in the exclusive economic zones.Then discussed the disputes and troubles the coastal countries meet in the process of enforcement the jurisdiction now.The first part: through the analysis the rules of the convention(UNCLOS)about the rights,jurisdiction and obligation of the coastal countries in the exclusive economic zones,to clear their jurisdiction for Marine environment protection and preservation in the zones,and the correlative legislative responsibility and the perform obligation.At the same time,on the basis of the second paragraph of article 56 of the convention,which in terms of the limits of jurisdiction execution,used the method of legal interpretation to argue out the spirit of "appropriate" obligation's positioning and perform standards in different angles.The second part: by using the method of comparative study discussed the main coastal countries' jurisdiction practices on the vessel source pollution in the exclusive economic zones.The article mainly introduced the legislation and practice of the United States,Canada,Australia and regional organizations(EU),analyzed and experience can be used for reference comparatively.At this base,offer better path selection that promotes China's jurisdiction mechanism of the vessel source pollution in the zones.The third part: under the background of the convention,combining the reality,analyzed the existing problems and deficiencies in the legal system and enforcement system of the vessel source pollution jurisdiction in the exclusive economic zones of China now;gave forward proposals in the aspects of legislation,law enforcement,conflict mediation position and international cooperation to better enforcement the jurisdiction over the zone and protect the Marine environment rights and interests of China.