A Comparative Study On The Legal Construction Of Marine Spatial Planning

All countries in the world regard marine spatial planning as an effective means to protect the marine ecological environment,which can effectively coordinate the interests related to the marine ecological environment.Australia,the United Kingdom and Germany are the first countries in the world to implement the Marine Spatial Planning.Many laws have been enacted to promote and guarantee the effective implementation of the system.According to the experience of marine spatial planning legislation in Britain,Germany and Australia,the marine spatial planning should reasonably dispose the marine legal system.In recent years,China has attached greater importance to the development of the oceans and carried out such marine strategies as maritime power,the Blue Economy and Maritime Community with a Shared Future.China has taken the initiative to safeguard and strive for the rights and interests of the oceans,therefore,it is necessary to adjust the legal system of China’s marine spatial planning,learn from the excellent legislative experience of Britain,Germany and Australia,and draw lessons to promote the sustainable development of marine biodiversity.The rules,laws and other measures in the legal system endow the marine spatial planning with binding force,executive force and coercive force.The importance of legal construction in marine spatial planning lies in guiding and regulating the government’s behavior and public participation in marine spatial planning.Firstly,this thesis introduces the history and concept of marine spatial planning,which is an important part of marine governance,its concept has been evolving to show the importance of marine protection in human development activities.From coastal planning to Marine Center planning.On the one hand,it shows that the human exploitation of the ocean has gradually increased,and on the other hand,it shows that human beings attach importance to the protection of the marine environment and biodiversity.The legal system of marine spatial planning mainly involves the laws and regulations of marine spatial planning,national policies,development plans,strategic planning,international conventions and regional agreements,etc..Marine Spatial Planning is based on planning objectives and basic principles,which usually include environmental protection and conservation,biodiversity,economic development and conflict resolution.The implementation of marine spatial planning is reflected in the formulation of the content of marine spatial planning and the adoption or revision of the planning process.The promotion of marine spatial planning can not be separated from public participation,which is widely involved in the planning process to ensure the protection and respect of the rights and interests of stakeholders.In international practice,the Marine and Coastal Access Act(Marine and Coastal Access Act 2009)is the first comprehensive legislation focusing on Marine environmental governance in the process of Marine spatial planning legislation in the UK,laid the legal foundation for Regional Marine Planning in the UK.German marine spatial planning is based on the Space Planning Act(Raumordnungsgesetz),which coordinates conflicts between some of its space-related functions or uses and other space-related interests.The Great Barrier Reef Marine Park Act 1975 imposes agency establishment,environmental management fees,regulatory programs,financial and reporting requirements on Australia’s Great Barrier Reef Marine Park,the compulsory pilotage,execution and other matters shall be specified.Although there are differences among the three countries in the division of Marine Spatial Planning,priorities,management models and the distribution of functions and powers,the starting point is the sustainable use of marine resources and the reduction of conflicts between marine activities.This thesis analyzes the legal sources,legislative models and implementation principles of the legal construction of marine spatial planning in the three countries.(Ⅰ)On the basis of the source of law,it is concluded that the source of planning law is mainly based on the principle of freedom of the sea,the principle of state sovereignty and international conventions.(Ⅱ)in terms of legislative models,there are different legislative models for marine spatial planning in accordance with national systems and basic national conditions,and there are pyramidal legislation governing local marine spatial planning from the top down,there are also local and central governments in parallel charge of the planning of different sea areas.(Ⅲ)under the guiding principles,the principle of sustainable development,the principle of ecosystem integrity,the principle of comprehensiveness,the principle of public trust,the principle of transparency,the principle of prevention and the principle of polluter pays.Based on the legal practice of Marine Spatial Planning in Britain,Germany and Australia,this thesis summarizes the deficiencies in the source,legislative model and implementation principle of China’s marine spatial planning law,combined with China’s national conditions,the author tries to give some suggestions to the legal system of Marine Spatial Planning in China,which is mainly considered from three aspects:perfecting the legal source basis of marine spatial planning,optimizing the legislative mode,and promoting the implementation of marine spatial planning principles.In order to better promote the modernization of China’s ocean governance,to build maritime power.