Research On International Law Issues In The Management Of Marine Plastic Waste Pollutio

Plastics Since mass production began in the 1950 s,an estimated 6.3 billion tons of plastic have reached end-of-life.Only a small amount of plastic waste can be effectively recycled,and most of the plastic waste enters the ocean through inland river water,sewage discharge systems,and wind or tidal movements,leading to a global marine plastic pollution crisis.Now,plastic waste pollution has affected all ocean regions around the world,and its governance is a major environmental challenge.At present,the international community has reached an agreement on the urgency of this issue.The problem of marine plastic pollution concerns the common interests of all mankind,and international law,as a tool,shoulders the responsibility of protecting and preserving the marine environment.A healthy and clean marine environment is the The intrinsic essence of human beings to achieve sustainable development,therefore,should respond to it at the level of international law.The existing international legal system is not very effective in reducing the generation of marine plastic waste and alleviating the current situation of marine plastic waste pollution.The different sources of marine plastic are not effectively controlled,the sovereign countries are ineffective in fulfilling environmental conventions,and plastic waste pollution control lacks sufficient funds.Guarantees and the lack of liability and compensation mechanisms for marine plastic pollution are all limiting factors,and they are also an important part of the formulation of a global agreement on marine plastic pollution in the future.Therefore,the international community urgently needs to increase the attention of various groups around the world to the problem of marine plastic waste and improve the existing international legal governance system,or formulate a new set of international legal norms applicable to marine plastic waste pollution.On the basis of referring to Chinese and foreign literature,this paper starts with the occurrence and particularity of plastic waste pollution in the ocean,and focuses on the legal basis,national non-compliance,financial mechanism and responsibilities in the current marine plastic waste pollution control.The theoretical support,practical situation and development dilemma behind the pollution control of marine plastic waste are analyzed,and then complementary methods or theoretical assumptions are put forward.Finally,this paper also studies the practice of marine plastic waste pollution control in my country,and on the basis of learning from the governance experience of other major developed countries/regions,from improving the governance of domestic marine plastic waste pollution and participating in international/regional marine plastic waste pollution Two levels of regional cooperation put forward suggestions for improving this paper.Chapter 1 "Plastic waste pollution in the ocean".This chapter first introduces the current situation and causes of plastic waste pollution in the ocean.Then,it introduces the particularity of marine plastic waste pollution.The characteristics of large volume,difficult governance and great harm make all countries have to pay attention to and participate in international cooperation on this international issue,whether they are active or passive.Then,it sorted out the policy responses of the international community in different periods of marine plastic waste pollution.After focusing on the management of marine waste,focusing on the management of plastic waste pollution in the ocean,and then turning to the governance of marine plastic waste pollution,it began to focus on plastic waste pollution.The development stage of pollution upstream and midstream exploration.Finally,the theoretical basis of the research in this paper is expounded,which is the theoretical source of the international community’s management of marine plastic waste pollution,and is also the obligation of all countries in the world.Chapter 2 "The Legal Basis for the Control of Marine Plastic Waste Pollution".This chapter discusses the international conventions and soft law documents related to marine plastic litter pollution control,and points out the main problems existing in the existing international legal norms in the governance of marine plastic litter pollution.These problems also constitute the basis of this article.logic.Secondly,the relevant legislation of the major developed countries or regions in the world is introduced.It can be seen that the legalization and systematization of marine plastic waste pollution prevention and control is the general trend.Finally,based on the three governance schemes proposed in the resolution on marine plastic litter and microplastics at the 3rd United Nations Environment Assembly,this paper elaborates on the future direction of the improvement of marine plastic litter pollution control under the second scheme under different international legal norms.,and should establish a unified management and coordination platform for the implementation of different legal norms;and envisage the elements that should be included in the formulation of a global agreement on marine plastic litter pollution proposed in Option 3,including a clear vision and clear global goals.,a clear national action plan,a strong monitoring and reporting mechanism,a dedicated organizational structure,a financial mechanism and rules,regulations and standards that can be used globally,etc.Chapter 3 "State Non-Compliance Issues in the Control of Marine Plastic Waste Pollution".This chapter points out that the consent of the state leads to the state’s obligation to abide by the treaty,so international treaties must be honored,while the theory of legitimacy holds that the process of producing international treaties is fair and transparent,and the consistency with accepted international norms is what international treaties must abide by.The reason.Correspondingly,it then analyzes the measurement standards of national compliance and the reasons for non-compliance in the governance of marine plastic waste pollution,not only because of the free-rider mentality that the parties may have in international public governance issues,but also from the parties themselves.The lack of compliance capacity is a common problem in developing countries,and it may also be the vague implementation and lack of accountability of marine plastic waste pollution control norms.Therefore,this chapter believes that in dealing with the problem of national non-compliance,in addition to solving the reasons for national non-compliance,a non-compliance situation mechanism can be set up to prevent national non-compliance in advance,and with the support of environmental funds,international technology transfer Combined with the setting of relevant incentives such as education and training,it will provide more inducement and convenience for the country to fulfill its international obligations.Chapter 4 "Financial Mechanism for Marine Plastic Waste Pollution Control".This chapter first discusses the importance of sufficient funding in the governance of marine plastic pollution,which can not only attract more countries to participate,but also directly improve the capacity of developing countries to implement the convention,thereby ensuring the effective implementation of the global agreement on marine plastic pollution..Since the international community has not yet reached a consensus on funding arrangements on this issue,this chapter focuses on analyzing the effects of these funding mechanisms in practice after analyzing the different types of funding mechanisms in existing international environmental treaties.Finally,the research believes that the financial mechanism of marine plastic waste pollution control should adhere to the principle of common but differentiated responsibilities.The use,supervision and reporting of funds can form the organizational structure and operating rules of this mechanism.The financial mechanism for marine plastic waste pollution control should be A dedicated financial mechanism and a combination of mandatory and voluntary funding to achieve a balance between developed and developing countries.Chapter 5 "Responsibility and Compensation in the Control of Marine Plastic Waste Pollution".This chapter first studies the types of international legal liability in transboundary environmental damage,and from a historical perspective,introduces the development of state liability for transboundary environmental damage to international liability for consequences of transboundary environmental damage,as well as the driving reasons behind it.Then,this chapter analyzes the dilemma of different types of international legal liability in the determination of liability for marine plastic litter pollution.In the process of application,it is necessary to identify the relationship between state responsibility and international liability for damage consequences and international conventions related to marine plastic pollution.The question of whether state responsibility and international liability for damage consequences can be applied;then,the constituent elements of state responsibility and international liability for damage consequences will be divided and discussed one by one.The development and progress of international legal responsibility after each judicial precedent.Finally,the study found that it is difficult to directly meet the constituent elements of national responsibility or international liability for damage consequences in the current liability and compensation for marine plastic litter pollution,but it is easy to cause disputes on any of the constituent elements.When it is difficult to establish a liability and compensation mechanism for plastic pollution,it may be a wiser choice to first establish a special compensation fund independent of any international agreement,including governments,international organizations,private individuals,and individuals.Chapter 6 "Practice and Improvement of Marine Plastic Waste Pollution Control in my country".This chapter analyzes the current situation and governance practice of marine plastic waste pollution in my country.The practice here refers to both domestic marine plastic waste pollution control and international cooperation in marine plastic pollution control that my country participates in.my country’s existing legal system for marine plastic waste pollution control is not sound,and there are no laws and regulations that focus on marine plastic waste and microplastics.international profile on the issue.Therefore,on the basis of learning and absorbing the governance experience of other countries,my country can form a plastic pollution control plan with Chinese characteristics by improving legislation,perfecting the system,and diversifying my country’s plastic pollution control methods,and then deepening the expression through regional cooperation,and then by International cooperation maps the globe.