The Conception On The Precautionary Mechanism Of Marine Environmental Protection In China

Precautionary principle is an important principle in internationalenvironmental law. Principle15of <Rio Declaration on Environment andDevelopment> regulates:”Where there are threats of serious orirreversible damage, lack of full scientific certainty shall not be used as areason for postponing cost-effective measures to prevent environmentaldegradation.” Because of the disparity between economic developmentand environmental protection, China accept the precautionary principlewith reservation, and the principle didn’t become a principle of marineenvironmental protection in China. This dissertation discussedprecautionary principle based on the public goods theory of publiceconomics and marine environmental protection status of China,proposed a conception of precautionary mechanism, and concluded thatprecationary principle should be a basic principle of the MarineEnvironmental Protection Law of People’s Republic of China. There are three parts in this dissertation:Chapter1begins with the definition of precautionary principle, thenintroduces the historical development, discuss the economic theoreticalbasis of precautionary principle.Chapter2analyzes some important international conventions,declarations and decisions of international organizations, and theimplemental conditon and measures of precautionary principle, to provideguidance for the conception of precautionary mechanism.Chapter3proposes the conception of precautionary mechanism onmarine environmental protection of China. First, the chapter analyzed themeasures already taken and the inadequacy of it, Second, the chapterintroduced Chinese legal framework of marine environmental protectionand administration, Third, this chapter focused on the necessity andfeasibility of Chinese precautionary mechanism at legislative andpractical levels.