| With the increasingly serious Marine pollution.the necessity and importance of establishing the international Marine enviromment system has been gradually recognized by people,and the issue of jurisdiction of ship pollution is of vital importance in the national Marine enviromental protection.Because the ship pollution problem situation is complex,involves many interests,a simple subject cannot be solved.For example,if the ships sailing in the sea of different countries cause Marine pollution,in this case,the subj ecu under jurisdiction,the country,subj ect that bears the consequence and responsibillty for the pollution,and the way to bear the responsibility,all of the above needs to have a measurable standard.After ships pollute the sea,flag states,coastal states and port states are all inseparable from it.However,the pollutants produced by ships as a source of pollution are not fixed in the sea but flow.As the water flows,pollutams flow from one country’s waters to another country’s jurisdiction.The main contradiction used in the dispute is the flag state,the coastal state and the port state,which are the three most seriously affected by the coastal state.As an area of 300 square km area jurisdiction of the maritime power,it is also one of the coastal countries a:the same time.China’s booming sea shipping.however,with the development of import and export trade and sea power strategy is put forward,many contradictions have emerged,such as:once the foreign ship pollution accidents occurred in the exclusive economic zone,can cause serious damage to the Marine environment.natural resources and biological resources,and coastal residents’ health will be affected by a lot of.the impact on the global climate.Although our country has promulgated the environment protection act and the Marine environmental protection law,and by 1998 the exclusive economic zone and continental shelf act established the system of exclusive economic zone,but our country is not a perfect system of Marine conservation laws and regulations,in the exclusive economic zone of ship pollution legislation jurisdiction but also exists many problems.Therefore,China should analyze the current situation of the legislative jurisdiction of ship pollution in the exclusive economic zone,deeply explore the existing problems and solutions,so as to provide legislative guarantee for the jurisdiction of ship pollution in China’s exclusive economic zone and better safeguard China’s maritime rights and interests in the exclusive economic zone.An exclusive economic zone,is an area that is within 200 nautical miles of the territorial sea.Exclusive economic zones arise from the allocation of fishery resources and are established in the United Nations convention on the law of the sea.The exclusive economic zone is an independent sea area.The rights of coastal states in this area are mainly the sovereign rights of natural resources and the exclusive jurisdiction of maritime construction,Marine scientific research,environmental protection and preservation.At the same time,coastal states have the obligation to protect and manage the biological resources in the region,prevent,reduce and control environmental pollution,and preserve and protect the environment.Pollution by ships can be divided into oil pollution and pollution by other toxic and harmful substances according to the standards of pollutants.According to the ways and means by which ships pollute the sea,it can be divided into operation pollution and accident pollution.At the same time,the main characteristics of ship pollution are:direct pollution of the Marine environment;The pollutants are mainly the toxic and harmful substances produced in the process of ship operation.In essence,it is a special maritime tort;Having an international or transnational character.The development of the legislation jurisdiction of ship pollution in coastal state shows the trend that the jurisdiction of ship pollution in coastal state develops from"flag state jurisdiction" to "flag state,coastal state and port state concurrent jurisdiction".International legislation before 1982 mainly includes:1954 international convention on the prevention and control of oil pollution.1969 international convention on intervention in oil pollution incidents on the high seas.1969 international convention on civil liability for oil pollution damage.1973 international convention on the prevention of pollution by ships and its 78-year agreement:And mainly discusses the 1982 United Nations convention on the law and the relevant provisions on the jurisdiction of the exclusive economic zone of pollution by interpretation(article 211,article 234).The United Nations convention on the law specifies "generally accepted international rules and standards","system of a particular area" and "frozen area system",but there is a deficiency.Many coastal countries outside the exclusive economic zone have their cwn characteristics in the legislative jurisdiction of ship pollution.It is of great significance to improve the legislative jurisdiction of ship pollution in China’s exclusive economic zone to analyze the domestic legislation and practice of these countries on the jurisdiction of ship pollution,Whether Canada has exceeded the arctic waters pollution prevention act under imernationl law;The United States oil pollution act of 1990;Japan’s Marine development council;The law of the republic of Korea on the prevention and control of Marine pollution has certain reference significance for the legislation of ship pollution jurisdiction in China’s exclusive economic zone.The core issue of this paper is the current situation of China’s legislation on the jurisdiction of ship pollution in its exclusive economic zone and the existing problems and deficiencies.In terms of international legislation.China participated in the third ocean conference and became a state party to the United Nations convention on the law of the sea.In terms of domestic legislation,China’s law on the exclusive economic zone is the law on the exclusive economic zone and the continental shelf.while the law on the prevention and control of Marine pollution is the Marine environmental protection law.There are:the law on the exclusive economic zone and the continental shelf has no provisions on the pollution of ships in the exclusive economic zone,the domestic law has no provisions on the conformity with international treaties,the scope of compensation for oil pollution damage is relatively narrow,the lack of specialized Marine legislation supervision and coordination bodies and other deficiencies.Accordingly.China should add the provisions on the jurisdiction of ship pollution in the law on exclusive economic zone and continental shelf.Absorbing international treaties to "internalize" and improve the operability of domestic laws;(ⅲ)adding "oil pollution damage compensation system for ships" to the environmental law on the law of the sea;And the establishment of specialized Marine legislation supervision and coordination bodies. |
