海洋油类污染防治法律问题研究
发布时间：2019-06-09 16:38
【摘要】：随着人类社会开发海洋与利用海洋活动的增多,海洋环境问题日益严重。而其中尤以油类污染即主要为石油及其相关制品等的海洋污染最为严重,石油是海洋主要污染物之一,已经对海洋及各国近海海岸环境造成了严重的危害。当前,各国为解决海洋环境污染问题,尤其是防止海洋油类污染问题已经制定了一些法律法规,但其实施效果还是远远达不到标准的,这就说明相关立法和措施上还有待于进一步的完善和健全。 本文从目前我国海洋受到油类污染物质严重污染的状况以及我国当前防止海洋油类污染的立法现状中存在的缺陷或不足谈起,并结合和借鉴国际各类相关条约和协定以及国际法上的具体保护措施,以及各国立法中一些先进的防止海洋油类污染的法律原则和措施等,从而对我国防止海洋油类污染的立法进行完善。全文共分为五个部分。第一部分是绪论部分,作者是对本文从课题背景、研究的目的和意义以及国内外的研究现状与研究的主要内容进行说明。第二个部分,作者对海洋油类污染相关的含义进行了界定,并在此基础上,对我国海洋油类污染的特点、成因及危害进行了深入的分析。我国目前虽初步形成了海洋环境保护的法律体系,但在很多方面还存在着问题与缺陷。由于海洋油类污染法律责任的缺失、法律措施的不完善以及法律制度的不健全等问题直接影响了我国海洋生态环境以及有关法律法规的可实施性。文中主要分析了联合国等国际组织制定的国际条约或协定,以及美国、英国、日本等国的海洋油类防治的相关法律和管理状况,分析这些不同模式的法律与管理制度,针对上述国际条约或协定以及各国法律的优缺点和国外经验的借鉴,从法律规范体系入手,完善我国海洋油类污染防治的相关法律法规和制度,从而保护海洋生态环境和维护我国海洋权益。
[Abstract]:With the increase of exploitation and utilization of ocean in human society, the problem of marine environment is becoming more and more serious. Among them, oil pollution, that is, oil and its related products, is the most serious marine pollution. Oil is one of the main marine pollutants, which has caused serious harm to the ocean and the coastal environment of various countries. At present, countries have formulated some laws and regulations to solve the problem of marine environmental pollution, especially the prevention of marine oil pollution, but its implementation effect is still far from up to the standard. This shows that the relevant legislation and measures need to be further improved and improved. This paper discusses the current situation of serious pollution of the ocean by oil pollutants in China and the defects or shortcomings in the current legislative situation of preventing marine oil pollution in China. Combined with and drawing on the relevant international treaties and agreements, as well as specific protection measures in international law, as well as some advanced legal principles and measures for the prevention of marine oil pollution in the legislation of various countries, In order to improve the legislation to prevent marine oil pollution in China. The full text is divided into five parts. The first part is the introduction. The author explains the background of the subject, the purpose and significance of the study, as well as the research status and main contents at home and abroad. In the second part, the author defines the meaning of marine oil pollution, and on this basis, makes a deep analysis of the characteristics, causes and hazards of marine oil pollution in China. Although the legal system of marine environmental protection has been initially formed in China, there are still problems and defects in many aspects. Due to the lack of legal liability for marine oil pollution, the imperfection of legal measures and the imperfection of the legal system, the marine ecological environment and the enforceability of relevant laws and regulations in China are directly affected. This paper mainly analyzes the international treaties or agreements formulated by the United Nations and other international organizations, as well as the relevant laws and management of marine oil prevention and control in the United States, the United Kingdom, Japan and other countries, and analyzes the legal and regulatory systems of these different models. In view of the advantages and disadvantages of the above international treaties or agreements, as well as the laws of various countries and the reference of foreign experience, starting with the legal normative system, we should improve the relevant laws, regulations and systems for the prevention and control of marine oil pollution in China. In order to protect the marine ecological environment and safeguard the marine rights and interests of our country.
【学位授予单位】：东北林业大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D922.68;X55
本文编号：2495709
[Abstract]:With the increase of exploitation and utilization of ocean in human society, the problem of marine environment is becoming more and more serious. Among them, oil pollution, that is, oil and its related products, is the most serious marine pollution. Oil is one of the main marine pollutants, which has caused serious harm to the ocean and the coastal environment of various countries. At present, countries have formulated some laws and regulations to solve the problem of marine environmental pollution, especially the prevention of marine oil pollution, but its implementation effect is still far from up to the standard. This shows that the relevant legislation and measures need to be further improved and improved. This paper discusses the current situation of serious pollution of the ocean by oil pollutants in China and the defects or shortcomings in the current legislative situation of preventing marine oil pollution in China. Combined with and drawing on the relevant international treaties and agreements, as well as specific protection measures in international law, as well as some advanced legal principles and measures for the prevention of marine oil pollution in the legislation of various countries, In order to improve the legislation to prevent marine oil pollution in China. The full text is divided into five parts. The first part is the introduction. The author explains the background of the subject, the purpose and significance of the study, as well as the research status and main contents at home and abroad. In the second part, the author defines the meaning of marine oil pollution, and on this basis, makes a deep analysis of the characteristics, causes and hazards of marine oil pollution in China. Although the legal system of marine environmental protection has been initially formed in China, there are still problems and defects in many aspects. Due to the lack of legal liability for marine oil pollution, the imperfection of legal measures and the imperfection of the legal system, the marine ecological environment and the enforceability of relevant laws and regulations in China are directly affected. This paper mainly analyzes the international treaties or agreements formulated by the United Nations and other international organizations, as well as the relevant laws and management of marine oil prevention and control in the United States, the United Kingdom, Japan and other countries, and analyzes the legal and regulatory systems of these different models. In view of the advantages and disadvantages of the above international treaties or agreements, as well as the laws of various countries and the reference of foreign experience, starting with the legal normative system, we should improve the relevant laws, regulations and systems for the prevention and control of marine oil pollution in China. In order to protect the marine ecological environment and safeguard the marine rights and interests of our country.
【学位授予单位】：东北林业大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D922.68;X55
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