Study On System Of Marine Protected Area In South China Sea

Although the system of marine protected areas is a new topic of environmental law, but Through the efforts of the International Union for Conservation of Nature,this emerging concept has gradually been recognized and accepted around the world and eventually put into practice, and it has become a major tool of protection and management on marine environment. Currently, the study on system of marine protected areas in South China Sea is still in the start-up phase. Combined with hot spot of legal research of the South China Sea,considering the special natural conditions and complicated international situation of the South China Sea, the research on system of marine protected areas in South China Sea has its special political purpose, ecological significance and academic value. As to the discussion of system of marine protected areas in the South China Sea, the full text is divided into three parts:The first part is about the definition and function of marine protected areas,the basis and the value of establishing marine protected areas in the South China Sea. Marine protected areas are special management areas for the purpose of protecting marine ecological environment or maintaining marine resources by the provisions of the laws and relevant policies,it includes marine and coastal areas.Its functions include biodiversity protection and marine natural resources conservation, scientific research, as well as the marine ecological environment education and so on many aspects. According to domestic law and international conventions,such as the Territorial Seas and Adjacent Zones Act and United Nations Convention on the Law, it has sufficient basis for our country to establish marine protected areas in the South China Sea.There many values for us to establishing marine protected areas in the South China Sea,for example,maintenance maritime rights and protect marine ecological environment and marine natural resources.The second part is the discussion of international law and foreign law of system of marine protected areas.Through study on the development of the system of marine protected areas and relevant international convention, it can be seen that the networking, integration, and regionalization of marine protected will be true in the future.There many experiences we can learn from the system of marine protected areas in the United States, Australia, Philippines, Vietnam, Malaysia and Indonesia,such as setting up a unified marine protected areas management authority partition management system,using of the provisions of the "special sensitive waters",paying attention to protect public interest international cooperation in marine protected areas and so on.The third part is about the limitations of system of marine protected areas in the South China Sea and some improve suggestions.In the face of complex situation of the South China Sea, it has some drawbacks of system of marine protected areas in division management, site planning, and controls of marine pollution, enforcement and management, national/regional cooperation currently. Against the special waters under the China’s jurisdiction in the South China Sea, our country should formulate special laws and regulations on marine protected areas of the South China Sea,Give full play to the Sansha in the role of the construction and management of marine protected areas in the South China Sea,and improve system of sitting and planning to establish a network of marine protected areas; improve system of partition management to divide marine protected areas into more functional areas; control sailing ships to prevent pollution from ships in the marine protected areas with provisions of Particularly Sensitive Sea Area; Strengthen system of enforcement and management, try to build system of cross-strait joint enforcement; and build system of international cooperation in the low-sensitive field,etc. The purpose of these measures is to strengthen our actual jurisdiction of the South China Sea, protect biodiversity and ecological environment in the South China Sea, and promote sustainable development of South China Sea.