Properly cope with the changes in international conventions of global marine environment governance
April 27, 2022 08:18 Source: "China Social Sciences" April 27, 2022 Total 2396 Author: Qi Xuewei

The International Convention is an important part of the global marine environmental governance legal system。Global International Conventions related to the governance of the marine environment are mainly: a comprehensive convention represented by the United Nations Marine Law Convention (UNCLOS); Such as environmental protection conventions; "Prevention and other material pollution marine conventions" and "International Convention on Prevention of Ship" and other types of pollution sources for prevention and control。other,Since 1974,The "Regional Sea Plan" formulated by the United Nations Environmental Planning Department has prepared 18 regional sea project plans and all signed an international convention or protocol,Such as the Convention on Protection,provides a basic regional legal governance framework for global marine environment governance。

Under the background of the rule of law of international relations,The role of the International Convention in the governance of the global marine environment is becoming more and more important,and present the following features。

First,Multiple subjects coexist with negotiating dilemma。Only the country enjoys the ability of the international law.,International Organization、Non -governmental organizations and quasi -countries such as non -sovereign entities or transitional international law subjects are limited。But different from international conventions with higher sovereign ownership of military security,The sovereign dependence of the Convention in the Economy and Environmental Protection Field is relatively Bet365 lotto review low。So,Global marine environmental governance legal system of the China Convention on China Convention is increasingly diversified,International organizations and non -governmental organizations appear,If the European Union joined UNCLOS in 1998。At the same time,The addition of multiple subjects leads to conflict between interests、Ideological and other influences, it is difficult to achieve an agreement on the international convention negotiations more frequently in stagnation。At the end of the 20th century,UNCLOS text is successfully introduced by emerging negotiation methods such as informal meetings and a package of transactions。After entering the 21st century,The complexity of the marine environment is intensified,The system caused by a package of transactions is low、Decision of the decision -making mechanism is prominent,Coupled with non -governmental organizations, etc. from a professional perspective, targeted issues and suggestions are increasingly not ignored,Eventually leading to the current international conventions of the global marine governance field, the contractual negotiations may be stagnated or the results are very small。

2,Dynamic rules and forward -looking content complementary。Under the influence of geological changes and human productivity development,Marine environment issues constantly changes,The rules in the International Convention on the Global Marine Environment Governance are also constantly updating。For example, the Convention on the "Convention to Preventing the Ocean in the Northeast and Part of the Arctic Ocean Plugging Ocean in 1972" is only targeted at the sea to contaminate the ocean for ship dumping waste into the sea,But in 1983 and 1989, the maritime platform and aircraft dumped waste into the bet365 best casino games sea。Currently, with the emergence of new pollution sources such as marine micro -plastic and the impact of sea level rising from climate change,The International Convention on the Global Marine Environment Governance International Convention is facing more urgent new challenges。But unlike the introduction of the ocean ecological environment damage or supplementation of the corresponding environmental clauses in the early stage of governance,The negotiations and issues of relevant international conventions at this stage all show the overcome of legal lag,Developed from "Risk Control Principles" to "Risk Prevention Principles",Early regulating activity of potential to cause marine environmental damage。If the "Prevention of the Northern Ocean regardless of the Gonghai Fisheries Agreement" in June 2021 is effective in the Gonghai area of ​​the Arctic Ocean, there is no commercial fishing activity,It has stipulated that commercial fishing is prohibited in this area in the next 16 years,Marine biological resources that protect this area are exempt from any irreversible damage。

third,Effect expansion and conflict intensify interweaving。According to the principle of "treaty must be abide by" in accordance with international law,The Convention cannot add obligations or give right to third parties outside the contract。But in the practice of international law, this principle has accumulated exceptions such as the Treaty Reservations,Global marine environmental governance is the key area of ​​the current extension of the Convention。It is mainly manifested as a breakthrough in regional governance on global governance rules,If the four marine reserves established in the Gonghai area according to the OSPAR Convention and the CCAMLR Convention,Bet365 lotto review Its maintenance measures have caused strong restrictions on the rights of non -party parties based on the free fishing and other rights enjoyed by Unclos in the Gonghai。and,With the continuous expansion of the global marine governance field,The increasing systemicity of international law is becoming more and more obvious。The diversification of the rules and the expansion of the scope of regulation have led to cross and conflict between different rules in the global marine environmental protection legal system dominated by the Convention.,or conflict clauses between different conventions signed for the same contract,or there is a conflict clause for regulating different conventions in the same sea area,Insignation or both。In addition, the number of subjects in the contract increases、The comprehensive situation of the expansion and regulations of the bottom soil and its upper space of the sea area,The legal conflict of the international convention of the global marine environment will become more and more complicated。

Human beings only have a common and connected ocean,We must unite and cooperate,Joint Building and Natural Life Community。The fundamental way out to solve the complicated complicated problems in the governance of the global marine environment is to maintain and practice multilateralism,Promote the concept of human destiny community concept to build a community of marine destiny。China as a responsible big country,In depth participation in the construction of the legal system of global marine environmental governance, the above changes should be combined with the above trend,Promoting and leading the current rule of law of the global marine environment governance。

First,Concentrated consensus,Promoting the introduction and implementation of the BBNJ International Agreement。BBNJ International Agreement is the most important legislative process in the field of bet365 Play online games international marine law,It is related to the adjustment of global marine order and re -distribution of interests in the new era,It also plays a vital role in the improvement and implementation of the global marine environmental governance legal system。For its complicated negotiation status quo,China should take the preparation period of the fifth intergovernmental conference as an opportunity,Actively advocate guidance with the concept of the community of marine destiny,Target to safeguard the common marine interests of all mankind,Promote the reasonable balance of all parties to achieve a consensus,Copy the maintenance and sustainable use of marine environment and resources、Coordinating the interests and concerns of countries with different geographical characteristics and economic capabilities,and the common interests of various countries and the overall interests and intergenerational interests of the international community and all human beings,To ensure the balance of rights and obligations,Promote common development,At the same time, the four main issues in a package of a package agreement。On this basis, solve the problem of negotiating disputes,Promoting the signing and effectiveness of the BBNJ International Agreement,Global Convention, which adds to the governance of the global marine environment。

Next,Strengthen cooperation,Promote the construction process of the legal system in governance。When a system based on international conventions, when solving the global marine environment problem,Treaty conflicts have intensified、Difficulties such as legal effects and other difficulties,Strengthening international cooperation in the construction of the legal system of global marine environmental governance is particularly critical。China can adhere to the words of the concept of the community of marine Bet365 lotto review destiny leading to the high ground,Actively respond to the existing marine layout of European and American countries during the construction of the legal system of marine environmental governance,While promoting the construction of China's marine power,Create a blue marine environmental protection system for co -business, co -construction, shared and shared,Promoting the principle of responsibility in accordance with international law in accordance with international law,Continue to bear more responsibilities on the global environment challenge in the formulation of international conventions,Provide more financial technology and capacity building support for developing countries; at the same time,Pulling developing countries cooperation,If the rules of strengthening South -South cooperation and the reaching and implementation of international treaties,Therefore, the formulation process of the legal system of global marine environment governance,Build an effective global marine environment governance system。

Last,In -depth participation,Improve China's relevant policy support and capacity building。my country should actively participate in the construction and improvement of Unclos related systems on the one hand,On the other hand, actively promote the domestic law conversion of international legal documents,If the process of promoting Antarctica legislation,​​Regulations on implementing the Nanda Ocean Environment in the Antarctic Treaty System。At the same time,More attention to the interaction between science and technology and law,The pursuit of my country's environmental protection scientific and technological achievements and equipment environmental performance in China into a policy position and existing practice and support evidence。

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(Author Unit: School of Law of Ocean University of China)

bet365 Play online games Editor in charge: Chen Jing
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