Study On The Legal Mechanism Of Preventing The Invasion Of Alien Species From Ships' Ballast Water

By taking the legal mechanism of preventing the invasion of alien species from ships'ballast water as study object, this thesis does an integrated research on it with the application of systematology and comparative analysis method, and gives a preliminary conception of perfecting the legal mechanism in China through investigating and cause analyzing the present legal situation. This paper is divided into four parts, as follows:Chapter one clearly defines the concept of the legal mechanism of preventing the invasion of alien species from ships'ballast water and the study scopes.Also, it does a research on the theoretical basis of the mechanism in sociology of law,ecology and economics fields and makes a discussion on the tendency of the mechanism.Chapter two studies the constituents of the legal mechanism of preventing the invasion of alien species from ships'ballast water, which includes legislation mechanism, enforcement mechanism and surveillance mechanism. The content is enriched by adding the analysis of International Convention for the Control and Management of Ships'Ballast Water and Sediments in 2004 and foreign laws on ships' ballast water management, such as United States, Australia and New Zealand.Chapter three analyzes the legal mechanism of preventing the invasion of alien species from ships'ballast water in China, and makes a specific cause analyzing and tries to find solutions in order to provide some ideas for perfecting the legal mechanism in China.Chapter four offers proposals to perfect the legal mechanism of preventing the invasion of alien species from ships'ballast water in legislation mechanism, enforcement mechanism and surveillance mechanism aspects. On legislation mechanism, It suggests that the choices of appropriate legislation mode and sustainable development idea are favorable and principles such as risk prevention should be established. On enforcement mechanism, it makes proposals that Maritime Safety Administration should be the exclusive authority in the ballast water management, and appropriate management system should be established; On surveillance mechanism, public participation system and the public interest litigation system should be well exploited. Hope those countermeasures are beneficial to the perfection of the legal mechanism of preventing the invasion of alien species from ships'ballast water in China.