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Research On The Jurisdiction Of Costal State Pollution From Ships

Posted on:2013-10-07Degree:MasterType:Thesis
Country:ChinaCandidate:S GuoFull Text:PDF
GTID:2246330395452260Subject:Law
Abstract/Summary:PDF Full Text Request
Jurisdiction is a core issue of Marine Environmental Protection in the legal system, the jurisdiction of the Marine Environment from Pollution is a matter to the behavior of the different sources of pollution in the different waters which country should be governed by and under the jurisdiction of the criteria against the growing problem of ship pollution incidents frequently occur, each country is particularly important for the management and prevention of pollution from ships, therefore, the study of Coastal States of Pollution from ships, the issue of jurisdiction is a certain theoretical and practical significance.This article is divided into four parts, the first part introduces the concept and classification of pollution from ships, the legal origin of the historical development of the jurisdiction of Pollution from Ships and coastal state jurisdiction, this is a general overview of the jurisdiction of the Coastal State Pollution from Ships.The second part analyzes the provisions of the United Nations Convention on the Law of the Sea Pollution from Ships jurisdiction of coastal States. So far, the United Nations Convention on the Law of the Sea of1982is the most complete and comprehensive Law of the Sea Codex. Part12of the United Nations Convention on the Law of the Sea is an important part of international legislation that to control pollution of the marine environment and to protect the marine environment. Made detailed provisions which the jurisdiction of Pollution from Ships. Jurisdiction of the United Nations Convention on the Law of the Sea "in both the legislative jurisdiction and enforcement jurisdiction of protecting the marine environment to give a range of coastal and port States, neither between the three kinds of jurisdiction of the flag State, coastal and port States concurrent jurisdiction, is not equality under the jurisdiction of, but parallel jurisdiction and coordination under the jurisdiction of the relationship.The third section describes the legislation and practice of the United States and Canada on the jurisdiction of Pollution from Ships. United States and Canada are the major maritime powers, including port States, coastal and marine national characteristics. The legal system of the two countries on improving the legal system of ship source pollution control has a certain reference value. The United States is the earlier one of the coastal countries of the legislative work of Pollution from Ships. In the world on the legislative developments, the U.S. ship source pollution legislation is the most complete and representative. Canada has always attached great importance to marine development and management, rational use of marine and fully protect the marine environment, ensure the sustainable development of oceans has become an important country in strategic decision-making in Canada has a very long history of their national maritime legislation. In various aspects of marine management are both according the law.The fourth section describes the status of the law of the jurisdiction of Pollution from Ships and Suggestions for improvement. In the control of vessel pollution of the marine environment, China has been basically formed the framework of a multi-level laws, including laws, administrative regulations and international conventions, but in the law enforcement management system of the Prevention of Pollution from Ships, there are still many problems in certain extent, restricts the Chinese government’s series of work, so it is necessary to learn some of the experiences from foreign countries on this issue, and to reform the management.
Keywords/Search Tags:Marine Environmental Protection, United Nations Convention on theLaw of the Sea, Jurisdiction, Coastal States
PDF Full Text Request
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