Legal Analysis And Countermeasures For China For The Protection Of Marine Environmental Rights And Interests

For traditional marine rights and interests, most people would think of the delimitation of marine area, the ownership of islands, the national security on the sea, rights and interests for marine resources and marine scientific research. Few people stress the importance of the marine environmental rights and interests. Actually, to protect marine environmental rights and interests is essentially to preserve China marine environment. Compared with the previous research, this study will be based on international scope. In another word, what we concern about is not only the marine pollution caused by a series of domestic sources, but also by the international contacts or international activities involving the sea, which will be related to international relationship and international politics. The purpose of this study is not to list various types of marine pollution, the main target of this study is how to prevent the marine pollution which is brought by other countries and intensify the coordination of international relationship so as to better protect marine rights and interests of China.The study starts with the introduction of marine rights and interests, especially expatiate on the definition and the context of it, and then systemically and theoretically analyze the marine environmental rights and interests. It is one part of marine rights and interests which is relevant to sovereignty and sovereign rights. As the legal entity of marine rights and interests, all countries equally have their rights to participate in international marine affairs, thereby protecting their lawful rights. Similarly, the marine environmental rights and interests also connect with sovereignty. To maintain marine environmental rights and interests, the presidial marine area is the substance carrier and the correlative laws, especially the Unite Nations Convention on the Law of the Sea, are the legal foundation. Nowadays, the crises of marine environmental rights and interests are increasing. This study analyzes the challenges and the problems that China faces and extensively discusses several kinds of pollutions, such as transboundary water pollution, vessel pollution, oil pollution, invasion of alien species, air pollution and so on.In the aspects of countermeasures analysis, the study has conducted an in-depth study, and will provide with a number of recommendations. According to the situation of law enforcement against violating marine environmental rights and interests, China will have to act according to the Unite Nations Convention on the Law of the Sea and relevant domestic law, and draw lessons from common practice about marine jurisdiction. It is also suggested that China is to improve its legal system governing marine environmental protection and improve the enforcement capacity through measures including prevention, suppression and punishment of the violations.