Research On The Embedding Of The Convention On Marine Dumping In My Country's Marine Environmental Protection Legal Syste

One of the ways in which human beings dispose of waste in production and life is by dumping it into the sea.However,the uncontrolled dumping of waste in the sea will lead to pollution of the marine environment.Therefore,the international community through a series of global conventions,regional conventions,soft law documents to form a strong international marine dumping legal regulation.Among them,the provisions of the 1972 Convention on the prevention of marine pollution by dumping of wastes and other matter(hereinafter referred to as the London Convention)and its1996 protocol to the Convention on the prevention of marine pollution by dumping of wastes and other matter(hereinafter referred to as the protocol)are fundamental to the regulation of marine dumping.China is not only a contracting party to the London Convention,but also has ratified the protocol.In order to effectively implement the contents of the two conventions in China,it is necessary to embed the Marine Dumping Convention into China’s Marine Environmental Protection legal system.In this process,we often encounter problems such as delayed embedding,incomplete embedding,etc..Therefore,we need to analyze the causes of the problems and sum up foreign experiences,furthermore,some suggestions are put forward to make the Marine Dumping Convention better embedded in China’s marine environmental protection legal system.The main body of this article mainly includes three parts.The first part: introduce the international legal regulation of Marine Dumping,and summarize the main content of the marine dumping convention that our country joined at present.Based on the corresponding relationship between China’s marine environmental protection legal system and the contents of the Marine Dumping Convention,as well as the implementation of the relevant marine dumping legal norms,this paper sorts out the embedded status of the Marine Dumping Convention,the problems existing in the Marine Dumping Convention embedded in China’s marine environmental protection legal system are put forward.The second part: analyzes the basic reason,the theory reason and the system reason of the actual law of the Marine Dumping Convention which meets the problem in our country’s marine environment protection legal system,this paper compares the implementation of the Marine Dumping Convention in the domestic legal system of the United States and the legal system of the European Union,and summarizes the enlightenment of these extraterritorial practices on the realization of the Marine Dumping Convention in China’s Marine Environmental Protection legal system.The third part: put forward to realize the marine dumping convention in our country marine environment protection legal system embedded train of thought and concrete proposal.In general,we should adhere to the guiding principle of “Community of marine destiny”.The specific path is divided into two parts,one is to improve domestic laws and regulations on marine dumping,including clarifying the status of international conventions in the constitution,introducing the principles of risk prevention and international cooperation,improving the Operability of procedural provisions,revising the norms for coordinating the duties of the executive branch,enacting the dumping at sea act in due course and encouraging local legislation,to increase the degree of embeddedness.Second,to deepen the regional cooperation on Marine Dumping,learn from the effective experience of other regions,and innovate the built-in model of the Marine Dumping Convention.