| The Antarctica has unique geographical environment and climatic conditions,since its discovery,the abundant natural resources such as mineral,biological and freshwater,as well as its inherent wilderness,aesthetic and scientific research value have attracted countries to Antarctica to carry out marine fishing and processing,scientific inspection,tourism and other activities,This inevitably causes damage to the environment and ecosystem and creates a range of environmental problems:overfishing,water pollution,global warming,ozone layer destruction,acid rain,the freshwater resource crisis,energy shortages,a sharp decline in forest resources,accelerated species extinction,garbage infestation,pollution of toxic chemicals,and so on.Because of its unique geographical location,Antarctica has a profound impact on global climate,ecosystem and human living environment,the deterioration of the Antarctic ecological environment is bound to bring about a series of adverse effects,while the change of the Antarctic environment will also be counterproductive to the Earth's climate,making the global climate more abnormal and the weather more extreme.The international community has gradually recognized the importance of protecting the environmental protection of Antarctica,recognizing that the protection of the Antarctic environment and its ecosystems is an important prerequisite and foundation for the peaceful use of Antarctica by humankind.However,due to the complexity of environmental problems and the tension of international relations,there are many shortcomings in the international treaties regulating Antarctic environmental protection,and the protection is ineffective.Therefore,it is very important to explore the problem of Antarctic environmental protection under the continuous upsurge of development and utilization of Antarctica today.It is urgent to standardize human activities,manage scientific investigation and improve the legal regulation of Antarctic environmental protection.Starting with the present situation and protection value of Antarctic environment,this paper puts forward the idea of constructing and improving the legal regulation of Antarctic environmental protection.Then based on the concept and characteristics of the legal regulation of Antarctic environmental protection,this paper mainly introduces the path of the legal regulation of Antarctic environmental Protection-the Antarctic Treaty system and the international law of the sea system.Combining with specific international treaties,this paper analyzes the shortcomings of the existing major environmental protection systems,the obstacles in their implementation and the causes.Finally,the paper puts forward constructive suggestions on various existing problems,with a view to perfecting the legal regulation of Antarctic environmental protection,so as to better protect the Antarctic environment.In addition to the introduction and conclusion,this paper is divided into four parts.The first chapter is an overview of the legal regulation of Antarctic environmental protection.The author analyzes the current situation of Antarctic environmental problems: Antarctic ecosystem is very fragile and sensitive,poor anti-jamming,weak repair capacity,so the overall structure of the Antarctic environment presents imbalance and heterogeneity.There are many kinds of environmental problems,which are difficult to control,and the environmental impact is wide.Any slight change in the Antarctic environment will have a great impact on the global ecosystem.There are abundant wilderness value,aesthetic value and scientific value in the Antarctic region,so it is of great value and significance to protect the Antarctic environment.In the second section of this chapter,the author summarizes the concept and characteristics of the legal regulation of Antarctic environmental protection.The author defines it so as to clarify the concept,and focuses on the analysis of the composition of the legal regulation of Antarctic environmental protection,the content is roughly divided into four parts,these four parts also lay a foundation for the later text.At the same time,the author summarizes three characteristics.The second chapter introduces the contents of the Legal regulation of Antarctic environmental protection in detail.There are only a few international treaties in international law specifically aimed at Antarctic environmental protection,among which the Antarctic Treaty System is a typical one.At the same time,there are many related treaties.These treaties may not be centered on the protection of Antarctic environment,but they contain some provisions or reflect the regulation of Antarctic environment from the perspectives of animals and plants,marine living resources,climate change,fisheries fishing and ship operation.Although there are countless international treaties dealing with Antarctic environmental protection in,this paper only selects the Antarctic Treaty system and the international law of the sea system.The reason is that,first of all,the Antarctic Treaty system is a regional legal system specific to the Antarctic region,which has a different status at the beginning of its establishment,is the basic law of the Antarctic region,and has made unique provisions on the environmental protection of the Antarctic region.And the international law of the sea is the "Charter of the Ocean".Apart from land,Antarctica has a large area of sea,which undoubtedly belongs to the scope of the adjustment of the law of the sea.Thirdly,there are currently 155 States parties to the international law of the sea,including 154 States and an international organization(the European Community),which are more generally binding in international law than other treaties.Finally,the international law of the sea provides a relatively perfect implementation system design,which can make up for the shortcomings of the Antarctic Treaty system.Therefore,this paper focuses on the Antarctic Treaty System and the International Law of the Sea System.By analyzing the specific provisions of international treaties under these two systems,the author introduces the specific system,requirements,implementation rules and implementation of the relevant Antarctic environmental protection.Finally,the regulation of these two systems is reviewed separately.The third chapter is the discussion on the insufficiency of the legal regulation of Antarctic environmental protection.At present,there are the following problems in the legal regulation of environmental protection in Antarctica:Firstly,the content of regulation is imperfect.At present,the legal regulation system of environmental protection in Antarctica is still incomplete,which is mainly reflected in two points.On the one hand,there are obvious problems in the environmental impact assessment system and environmental damage compensation system.Many clauses are too vague in interpretation and application,and there are problems such as broad language,limited scope of application and unclear liability assumption.It is urgent to amend the relevant clauses.On the other hand,there is a lack of provisions on environmental emergency response system.Emergency response is only reflected in the requirements of some provisions,and there is a lack of detailed procedures and explanations.Secondly,there are contradictions between treaties,which lead to conflicts between the rights and obligations of States parties.Both the Antarctic Treaty System and the International Law of the Sea have their own provisions for the protection of the Antarctic environment,and some of them are inconsistent or even opposed to each other.These inconsistencies can easily lead to uncertainty and confusion in the legal regulation of environmental protection in Antarctica.At the same time,according to the principle of international law that "treaties must be respected",the international protection of the environment can not bind third countries,which greatly reduces their effectiveness.Thirdly,there is a lack of specialized agencies responsible for the specific implementation of environmental protection rules.At present,there is no corresponding body in international law responsible for environmental protection in Antarctica.The absence of decision-makers and supervisors makes the legal rules formalized and the implementation effect unsatisfactory,which undoubtedly constitutes the biggest obstacle in the implementation of Antarctic environmental protection legal rules.Fourthly,the responsibilities and obligations of States parties to environmental protection are not clear.At present,there is no detailed stipulation on the Antarctic environmental protection obligations of the contracting parties.When environmental accidents occur,it is easy for the contracting parties to pass the buck on each other.It also gives too many choices to the contracting parties,which greatly reduces the intensity of environmental protection.The above questions are not only the starting point of this paper,but also the main content of this paper.Finally,through the analysis of these three major shortcomings,the author discusses the causes of international law-fragmentation and diversification of international law.Taking the legal regulation of Antarctic environmental protection as the representative,it fully reflects the two major trends of the development of modern international law: first,the increase of various international legislative activities,then limited to traditional sectoral law,the emergence of many new laws and regulations,or the refinement of the inherent sectoral law,the structural system of international law shows diversification;secondly,the activities in different fields are more and more closely linked and infiltrated.It aggravates the contradictions and conflicts between different treaties,and the structural system of international law is fragmented.It is this diversity and fragmentation that leads to the conflict between the Antarctic Treaty System and the international law of the sea on the legal regulation of Antarctic environmental protection.The fourth chapter is the prospect of the legal regulation of Antarctic environmental protection,the author first analyzes the necessity of perfecting the legal regulation of Antarctic environmental protection.At present,the international community has basically reached a consensus on freezing the sovereignty of Antarctic territory and jointly protecting the Antarctic environment,which shows that it is feasible to improve the legal regulation of Antarctic environmental protection.In the second section of this chapter,the author puts forward specific suggestions for improvement.In general,the construction and improvement of the legal regulation of Antarctic environmental protection requires the revision of certain specific provisions of the current treaties relating to environmental impact assessment systems and liability regimes for environmental damage,as well as the addition of treaties on environmental emergency response systems.In the face of conflicts and contradictions between treaties-the Antarctic Treaty system and the international law of the Sea system,it is necessary to recognize that it is necessary to recognize that Antarctic legal regulations are "self-contained",so as to make special provisions for Antarctic sea.There is also an urgent need to establish a specific implementing agency to implement the above environmental rules,which should be given corresponding enforcement powers.The realization of international rules cannot be achieved without the specific implementation of states parties,therefore it is important to clarify the environmental responsibilities and obligations that states parties are required to assume.In the author's view,the obligations of States parties are broadly divided into four categories,the first category is general obligations,all states have the obligation to protect and preserve the Antarctic environment,and the relevant obligations within the regulations are fulfilled in good faith and goodwill.The second category is the obligation to monitor and evaluate the environment.Each activity of a state party in Antarctica should be monitored and assessed beforehand,in the process and afterwards,and an environmental impact assessment report should be prepared.The third category is the obligation of international cooperation,which is not completed by one or two countries alone and requires the joint efforts of the entire international community,and therefore states parties have the obligation to cooperate in the protection of the Antarctic environment,which covers,but is not limited to:exchange of information,exchange of personnel,sharing of reports and so on.The fourth category is the obligation to establish international rules and domestic legislation to prevent,reduce and control environmental pollution in Antarctica.States parties should actively participate in international conferences on the protection of the Antarctic environment,jointly consult and contribute to their contributions.International rules should also be taken into account in the formulation of domestic laws at the same time,and uniformity should be maintained.Finally,the author summarizes the viewpoint of the full text through the conclusion. |
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