维护我国的海洋环境权益的法律分析及对策探讨
发布时间：2018-11-19 18:17
【摘要】： 提到传统的海洋权益人们大多会联想到海域划界、海岛归属、海上国家安全、海洋资源权益、海洋科学研究权益等,很少会有人关注海洋环境权益。维护我国的海洋环境权益实质上就是保护我国的海洋环境。但与以往研究不同的是海洋环境权益立足于国际视角,关注非我国主体造成的海洋污染。通俗来说就是本文所关注的不是国内一系列污染源所造成的海洋污染,而是国际交往或者国际涉海活动中,别国对我国海洋环境所造成的污染,这就会涉及到国际关系与国际政治。列举各种类型的海洋污染并不是本文的目的,文章主旨在于如何预防别国带来的海洋污染问题,协调国际关系从而更好地维护我国的海洋权益。 本文从介绍海洋权益入手,阐述了海洋环境权益的定义和内容,从而系统的对海洋环境权益进行理论分析。海洋环境权益隶属于海洋权益,是海洋权益的一种。国家作为海洋权益主体在国际社会上平等地参与国际海洋事务,维护本国的合法利益。海洋权益与国家主权相关,因此海洋环境权益自然也与国家主权相关。我国的管辖海域是维护我国海洋环境权益的物质载体,《联合国海洋法公约》和我国相关法律规定是维护我国海洋环境权益的法律依据。 如今我国维护海洋权益的形势不容乐观,海洋环境权益危机也日益严重。文章分析了在国际交往和涉海活动中,对我国管辖海域范围内造成的海洋环境污染和我国管辖海域外跨国界污染我国海洋环境的情形,并根据污染方式的不同分析了船舶污染、油污染、跨界河流污染、外来物种入侵、大气污染和核污染。 在维护我国海洋环境权益对策分析方面,文章进行了深入探讨,提出了若干建议。针对目前我国海洋维权执法面临的形势,针对侵犯我国海洋环境权益行为发生的特点,我国应该根据《联合国海洋法公约》和我国有关法律的规定,借鉴国际上行使海洋管辖权的通行做法,从而对侵犯我国海洋环境权益行为的预防、制止和处理三个方面进行对策研究,建立、健全海洋维权执法对策分析。
[Abstract]:When it comes to the traditional rights and interests of the sea, few people pay attention to the rights and interests of the marine environment, such as the delimitation of the sea area, the attribution of the sea island, the national security of the sea, the rights and interests of marine resources, and the rights and interests of marine scientific research. To protect our marine environment is essentially to protect our marine environment. However, different from previous studies, marine environmental rights and interests are based on the international perspective and focus on marine pollution caused by non-Chinese subjects. In general, what this paper focuses on is not the marine pollution caused by a series of domestic pollution sources, but the pollution caused by other countries to China's marine environment in international exchanges or international activities related to the sea. This will involve international relations and international politics. Enumerating various types of marine pollution is not the purpose of this paper. The purpose of this paper is to prevent marine pollution brought by other countries and to coordinate international relations so as to better safeguard the marine rights and interests of our country. Starting with the introduction of marine rights and interests, this paper expounds the definition and content of marine environmental rights and interests, so as to systematically analyze marine environmental rights and interests. Marine environmental rights and interests belong to marine rights and interests, is a kind of marine rights and interests. As the subject of marine rights and interests, the state participates in international ocean affairs equally and safeguards its legal interests. Marine rights and interests are related to national sovereignty, so marine environmental rights and interests are naturally related to national sovereignty. The sea area under our jurisdiction is the material carrier for safeguarding the rights and interests of our marine environment. The United Nations Convention on the Law of the Sea and the relevant legal provisions of our country are the legal basis for safeguarding the rights and interests of our marine environment. Nowadays, the situation of protecting marine rights and interests in our country is not optimistic, and the crisis of marine environmental rights and interests is becoming more and more serious. In this paper, the marine environment pollution in the sea area under the jurisdiction of our country and the marine environment pollution outside the sea area under the jurisdiction of our country are analyzed, and the pollution of ships is analyzed according to the different pollution modes. Oil pollution, cross-boundary river pollution, alien species invasion, air pollution and nuclear pollution. In this paper, the countermeasures of protecting the marine environmental rights and interests in China are discussed in depth, and some suggestions are put forward. In view of the current situation facing the enforcement of maritime rights and interests in our country and the characteristics of violations of the rights and interests of our marine environment, our country should act in accordance with the provisions of the United Nations Convention on the Law of the Sea and the relevant laws of our country. By drawing lessons from the international practice of exercising maritime jurisdiction, the countermeasures to prevent, stop and deal with violations of marine environmental rights and interests in China are studied, and the countermeasures for enforcing the law of maritime rights protection are established and perfected.
【学位授予单位】：中国海洋大学
【学位级别】：硕士
【学位授予年份】：2009
【分类号】：D922.6
[Abstract]:When it comes to the traditional rights and interests of the sea, few people pay attention to the rights and interests of the marine environment, such as the delimitation of the sea area, the attribution of the sea island, the national security of the sea, the rights and interests of marine resources, and the rights and interests of marine scientific research. To protect our marine environment is essentially to protect our marine environment. However, different from previous studies, marine environmental rights and interests are based on the international perspective and focus on marine pollution caused by non-Chinese subjects. In general, what this paper focuses on is not the marine pollution caused by a series of domestic pollution sources, but the pollution caused by other countries to China's marine environment in international exchanges or international activities related to the sea. This will involve international relations and international politics. Enumerating various types of marine pollution is not the purpose of this paper. The purpose of this paper is to prevent marine pollution brought by other countries and to coordinate international relations so as to better safeguard the marine rights and interests of our country. Starting with the introduction of marine rights and interests, this paper expounds the definition and content of marine environmental rights and interests, so as to systematically analyze marine environmental rights and interests. Marine environmental rights and interests belong to marine rights and interests, is a kind of marine rights and interests. As the subject of marine rights and interests, the state participates in international ocean affairs equally and safeguards its legal interests. Marine rights and interests are related to national sovereignty, so marine environmental rights and interests are naturally related to national sovereignty. The sea area under our jurisdiction is the material carrier for safeguarding the rights and interests of our marine environment. The United Nations Convention on the Law of the Sea and the relevant legal provisions of our country are the legal basis for safeguarding the rights and interests of our marine environment. Nowadays, the situation of protecting marine rights and interests in our country is not optimistic, and the crisis of marine environmental rights and interests is becoming more and more serious. In this paper, the marine environment pollution in the sea area under the jurisdiction of our country and the marine environment pollution outside the sea area under the jurisdiction of our country are analyzed, and the pollution of ships is analyzed according to the different pollution modes. Oil pollution, cross-boundary river pollution, alien species invasion, air pollution and nuclear pollution. In this paper, the countermeasures of protecting the marine environmental rights and interests in China are discussed in depth, and some suggestions are put forward. In view of the current situation facing the enforcement of maritime rights and interests in our country and the characteristics of violations of the rights and interests of our marine environment, our country should act in accordance with the provisions of the United Nations Convention on the Law of the Sea and the relevant laws of our country. By drawing lessons from the international practice of exercising maritime jurisdiction, the countermeasures to prevent, stop and deal with violations of marine environmental rights and interests in China are studied, and the countermeasures for enforcing the law of maritime rights protection are established and perfected.
【学位授予单位】：中国海洋大学
【学位级别】：硕士
【学位授予年份】：2009
【分类号】：D922.6
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