Research On The Construction Of Legal Mechanism For Cooperation In Marine Environmental Protection In The Northwest Pacific Regio

Based on the geographical characteristics of the ocean and the economic and political differences of neighboring countries,different sea areas will have different marine pollution problems.The unilateralism that relies on a single country to solve problems has become a thing of the past,and countries in the region are guided to carry out joint actions to resolve the ocean.Regional maritime cooperation in crisis is the most effective way to govern a specific area.The biggest advantage of regional cooperation is to provide a platform for discussion and negotiation for regional subjects,so as to focus on solving the main contradictions of marine environmental problems.However,the game between the economic interests of various countries and the interests of the marine environment has led to a bottleneck in the institutionalization of regional marine environmental protection cooperation.Therefore,it is urgent to establish a sound legal mechanism to provide institutional guarantees for the overall interests of the marine environment.In recent years,the countries along the coast of the Northwest Pacific region have experienced rapid economic development,rapid progress in urbanization and industrialization,and the unreasonable development and utilization of marine resources by various countries,posing a serious challenge to the sustainable development of this sea area.The first chapter of this paper first puts forward the definition of the legal mechanism of regional marine environmental protection cooperation and why this region needs to build this legal mechanism.The legal mechanism of regional marine environmental protection cooperation refers to the general name of the legal measures and guarantee means taken by countries in the region for marine environmental protection cooperation.Its main manifestations are the formulation of legal system,the establishment of organizations as the guarantee and the arrangement of legal system as the support.Secondly,the severe situation of marine environmental pollution in the region,the limitations of existing environmental protection subjects and the comparative advantages of regional cooperation legal mechanism over global and bilateral cooperation legal mechanisms determine that there is an urgent need to establish an effective regional marine cooperation legal mechanism in the region.Finally,it expounds the following three problems in the construction of the legal mechanism: what is the basis of the legal mechanism;At the macro level,what legislative model of regional marine environmental protection cooperation should be adopted in the region;How to construct the legal mechanism at the micro level.The second chapter clarifies the construction basis of the legal mechanism of regional marine environmental cooperation,including legal basis and practical basis.At the legal basis level,it classifies the international law concluded by countries in the region into comprehensive legislation,special legislation and legal documents at the regional and bilateral levels,and demonstrates that the above international legal norms provide a solid legal support for marine environment cooperation in the region.At the practical basis level,starting from the accumulated practical experience of marine environmental protection cooperation in the region,this paper discusses the normalized dialogue platform for environmental cooperation in the region,the prototype of comprehensive organizational structure and the preliminary consistent legal system arrangements in the domestic laws of various countries,all of which lay a solid foundation for the construction of the legal mechanism of marine environmental protection cooperation in the region.The third chapter expounds the legitimacy of the "integration separation" model applicable to the Mediterranean in this region.Firstly,it introduces the three most typical legislative modes of marine environmental protection cooperation in the world,namely the "comprehensive separation" mode of the Mediterranean Framework Convention and protocol,The "comprehensive" model of the Baltic Sea Convention plus annexes and the "functional network" model of the North Sea northeast Atlantic to formulate conventions to regulate different marine environmental pollution sources.Through the investigation of the three,it can be seen that the differences of regional cooperation legislative models stem from the political and economic factors in different regions,and the pattern of political and economic interests in the region will affect countries to form a unified consensus on marine environmental interests and the achievement of regional legislation,and these three models have their own strengths and weaknesses.Based on the similarities between the existing political and economic situation of the Northwest Pacific region and the Mediterranean region,the formation progress of the consensus on the interests of marine environmental protection in the region and the comparative advantages of the "comprehensive separation" model,the flexible model of the Mediterranean "Framework Convention and Protocol" is more suitable.The last chapter discusses the specific construction of the legal mechanism of marine environmental protection cooperation in this region.In view of the active exploration of existing subject of international law in the field of marine environmental protection cooperation,it has accumulated enough experience for the construction of legal mechanisms in the region.In terms of the conception of the legal system,the region adopts the "integration separation" model of the Mediterranean;Based on the existing principles of international environmental law and the actual needs of marine environmental protection in this region,regional legislation should follow the principles of shelving disputes and jointly protecting the ocean,sustainable development,risk prevention,no damage to foreign environment,international cooperation and polluter pays;The specific contents of the Regional Framework Convention should include the purpose of the Convention,the definition of the scope of application,the basic principles and general obligations of the Convention,the types of marine environmental pollution,specific institutional arrangements,organizational structures and responsibilities,the relationship with the protocol and other procedural norms;In addition,special protocols must be formulated for the three areas of land-based pollution,dumping source pollution and ship source pollution and accident emergency cooperation with serious problems in the region.It is clear that countries should join at least one protocol at the same time when signing and adopting the Framework Convention,so as to ensure the effectiveness of regional marine environmental protection cooperation.At the organizational level,the Northwest Pacific action plan has natural consistency with the organizational system under the Mediterranean regional cooperation.On its basis,it can be further improved and optimized to form a regional marine environmental protection cooperation organization,including the assembly of States parties,regional coordination bodies and special committees.At the institutional arrangement level,in order to improve the ability of regional countries to cooperate in controlling marine environmental pollution in the region,we should build and improve the information sharing and scientific and technological cooperation system,marine environmental pollution prevention and control related system,financial guarantee and dispute settlement system,and finally ensure the normalization and long-term cooperation in marine environmental protection.