The Construction Of The “South China Sea Model” For Regional Cooperation On Environmental Protection In The South China Sea

The South China Sea is facing severe ecological and environmental challenges.Under the adverse effects of global warming,the environmental pollution and shrinking biodiversity in the South China Sea caused by human activities have become increasingly serious.The coastal states of the South China Sea are obliged to cooperate on marine environmental protection in the South China Sea,whether from the perspective of international law of the sea,environmental law or human rights law.Regional cooperation on environmental protection in the semi-closed sea like the South China Sea has not only advanced extraterritorial experience to draw on,but has also formed the basis for consensus among coastal states.The construction of the ‘South China Sea Model’ is in China’s interest and should be actively participated as the leader.At present,the coastal states of the South China Sea have assumed their environmental obligations respectively through their participation in international conventions on marine environmental protection,and have made initial attempts to cooperate on environmental protection through the conclusion of internal bilateral and multilateral agreements.In addition,the United Nations Environment Programme(UNEP),Asia-Pacific Economic Cooperation(APEC)and the ‘10+1’ cooperation mechanism between the Association of Southeast Asian Nations(ASEAN)and China have all actively explored marine environmental protection of the South China Sea within the limits of their functions and purposes,raising the profile of environmental issues among the concerned countries and accumulating experience in regional cooperation.However,the construction of the ‘South China Sea Model’ is facing multiple difficulties.At the political level,coastal states in the South China Sea which attach importance to their sovereignty lack mutual political trust,resulting in little enthusiasm and capacity for environmental protection,and a low willingness to deepen cooperation in terms of marine environmental protection.At the normative level,the legal norms applicable to environmental protection in the South China Sea are fragmented due to the different accessions of countries,and the valid content is less relevant and enforceable,and there is no unified and binding core legal document.At the organisational level,the three existing mechanisms for environmental protection in the South China Sea all have shortcomings in funding,monitoring and enforcement,with the lack of communication and coordination in between,making it difficult for them to take the lead in future environmental protection in the South China Sea.The successful experience of the three major European regional cooperation mechanisms for marine environmental protection can be used as a mirror for solving these problems and provide reference for building the ‘South China Sea Model’.Whether it is the North Sea-North East Atlantic Model,which moves from discrete conventions to more comprehensive ones,the Baltic Sea Model,which addresses marine environmental issues in an integrated manner,or the Mediterranean Model,which combines a framework convention with specific protocols,all point to the importance of concluding a comprehensive legally binding convention as the basis for cooperation,building a three-tier organisational mechanism to guarantee implementation,designing the cooperation pathway in line with the reality of the region,and updating and innovating the regional cooperation system with the times.In short,the South China Sea environmental protection cooperation needs to be based on the actual situation in the South China Sea to build the ‘South China Sea Model’,that is,through a ‘two-step’ path,starting with a pilot project on marine plastic pollution control,gradually expanding the cooperation,and eventually transitioning to a comprehensive framework convention,the South China Sea Regional Convention for the Protection of the Marine Environment,combined with protocols on land-based pollution,ship pollution,dumping pollution,offshore exploration pollution,biodiversity protection and fisheries resources conservation.Meanwhile,on the basis of the existing ASEAN and China 10+1 platform for environmental protection organisations,a supporting organisational mechanism for the implementation of the above-mentioned Convention will be established,with the ultimate aim of achieving significant improvements in the quality of the ecological environment in the South China Sea.