| Driven by economic interests and improper development and utilization,a large amount of garbage is discharged into the sea,especially plastic garbage is gradually spreading all over the world’s marine areas,the marine environment has been seriously polluted,and the marine ecosystem is facing serious threats.Human beings have not yet formed an effective consensus on the protection of marine life and marine biodiversity,and there is no comprehensive response to the management of marine plastic waste that seriously affects marine life and marine biodiversity.In this context,it is necessary to regulate the current situation of marine plastic waste pollution through the combination of soft law and hard law at the global,regional,and national levels,and the application of comprehensive relevant governance theories,so as to realize the sustainable development of the ocean.The current governance model for marine plastic waste is a combination of soft law and hard law,mainly including the United Nations’ global international conventions related to marine plastic waste management,the initiatives and regulations of relevant international organizations on marine plastic waste governance,and representative regions and State legal practice.However,there is still a lack of authoritative international legal documents for marine plastic litter management,and the cooperation mechanism for regional guarantee of management is not sound,and there are differences in the standards between countries for marine plastic litter management.Therefore,the management of marine plastic litter must be guided by appropriate legal theories of international governance,and the existing legal theories and principles of international environmental protection also need to be properly analyzed and explained.Based on the comprehensive global governance theory,regional cooperation theory,sustainable development theory and public participation theory,the analysis of these theories is very important to improve and supplement the international governance of marine plastic litter in terms of determining the governance model of international subjects,improving the regional coordination mechanism and reconstructing the evaluation system of marine environmental protection,clarifying the necessity of international governance of marine plastic litter and paying attention to the substantive and procedural rights.It is also important to clarify the need for international governance of marine plastic litter and to pay attention to substantive and procedural rights.This paper synthesizes the existing international legal documents related to marine plastic garbage management,and discusses the legal way forward for China’s participation in international marine plastic garbage management by combining the relevant laws and regulations on marine garbage pollution prevention and control in China.First,the concept of"a Community of Shared Future for Mankind" is the core idea to guide China’s policy formulation,theoretical analysis and practical activities in the process of international marine plastic waste management.Secondly,we should take the interests of the developing countries as the starting point and adhere to the basic principles of international law,such as the precautionary principle,the polluter pays principle and the principle of common but differentiated responsibilities,in order to safeguard China’s national interests and assume the responsibilities of a large country.Finally,we should promote international conventions to play their governance role by actively fulfilling the relevant international conventions concluded and actively promoting the conclusion of international conventions on marine plastic litter governance,and improve China’s relevant legal system on marine plastic litter governance by drawing on foreign experience and establishing governance cooperation mechanisms and governance experimental zones,with the aim of deeply integrating China into the global legal system on marine plastic litter governance. |
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