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Research on Constructing Marine Oil Spill Ecological Damage Protection Legislation in China
Author: LiangWeiPing
Tutor: WangHong
School: Shandong Normal University
Course: Environment and Resources Protection Law
Keywords: Ecological damage Marine oil spill prevention of ecological damage the legal system Protection of the marine environment
CLC: D922.68
Type: Master's thesis
Year: 2010
Downloads: 354
Quote: 3
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Abstract
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\interests - the ecological damage to the interests of rich jurisprudence on the concept of the \The ocean is an important part of the global life support system, the marine ecological environment is an important foundation of human survival and development. As people gradually enhanced to conquer the natural ability to enjoy the ocean all the moral and material interests, the damage to the marine ecological environment like the devil devouring human beings living space to human survival and sustainable development with to the long-term, deep harm. Not take adequate precautions to mankind in the shipping, offshore oil development and port loading and unloading of oil operations in the oil spill-prone, marine oil spill caused by a serious marine ecological damage to the structure and function of marine ecosystems. serious change seriously detract from the value of marine resources and ecological services value. Marine oil spill caused by the \However, China's offshore oil spill ecological damage prevention of the legal system of the status quo is not optimistic: marine oil spill, a series of environmental protection laws and regulations do not explicitly protect human interests of the marine ecosystem of the legislative goals; some law rather abstract, operability is not strong ; imperfect law in some areas, such as the law of compulsory insurance and the Oil Pollution Fund is not perfect; Some laws require more complete, but enforcement is not enough. Our marine oil spill prevention and legal systems, marine oil spill on the marine environment caused serious damage, but the marine oil spill ecological damage is often not adequate compensation, is not conducive to the restoration and conservation of the marine environment. At present, the rapid development of marine oil spill prevention of ecological damage of Science and Technology in China, sustainable development and the precautionary principle in environmental law began to be implemented, provided technical and theoretical foundation for the protection of the marine environment. Legal protection of ecological interests anchored offshore oil transport, offshore oil development and transportation and other activities on the marine environment into effective legal regulation, build a marine oil spill prevention of ecological damage to the legal system become an urgent task of the protection of the marine environment legislation . This paper, as the legal system of China's marine oil spill prevention of ecological damage to the ecological civilization thought legislation guiding ideology, as an integrated ecosystem management concepts of marine oil spill ecological damage prevention legislative concept of the legal system, combined with our current offshore oil spill situation, as well as marine oil spill prevention legislation the status quo, the ecological risk of damage from offshore oil spill prevention legal system, to build three offshore oil production, transport cleaning operations, the legal system and the legal system of marine oil spill emergency treatment of marine oil spill prevention of ecological damage to the legal system. First of all, the marine oil spill ecological damage risk prevention legal system has highlight the importance of the ecological damage of marine oil spill prevention legislation, is a marine oil spill prevention of ecological damage, the first line of defense in safeguarding the interests of the marine ecosystem. Build a marine oil spill risk of ecological damage prevention and the legal system, the need to improve the legal system of China's sea surveillance monitoring, the introduction of an alternative evaluation system in marine environmental impact assessment system, improving the legal system of mandatory oil pollution insurance. Second, the offshore oil production, transport cleaning jobs legal system in the prevention of marine ecological damage cost of the cost in offshore operations in the main, to prevent ecological damage of marine oil spill, an important intermediate links to achieve a sustainable marine development goals . To build a legal system of China's offshore oil production, transportation, cleaning operations, improve China's offshore oil-bearing wastewater discharge fee system, the development of the offshore oil industry clean production standards, the perfect offshore oil development of cleaner production incentives, building cleaning operations at sea Heli mechanism. Again, the marine oil spill emergency handling legal system marine oil spill accident emergency rescue work done by the regulatory requirements, it is possible to prevent or diminish the ecological damage of marine oil spill last line of defense. Build a marine oil spill emergency handling legal system requires the establishment of a national oil spill contingency command system, the establishment of the oil pollution fund system, standardize the management of the professional clean-up company, improve port standard construction of the oil spill response capabilities. Ecological damage in marine oil spill prevention for the construction of the legal system, the paper always adhere to the ecological civilization legislation guiding ideology and the concept of integrated ecosystem management legislation, stressed that stimulate the human conscious and self-regulation of maritime activities in the legal regulation, stressed that man and nature environmental interdependence, mutual promotion and coexistence communion. Focus on the ecological damage to marine oil spill caused by legal protection, focusing on the ecological interests, efforts to establish perfect at this stage of the economic and social development of the characteristics and the protection of the marine environment management decisions to adapt to the environment and regulations, policies, standards and technology system.
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CLC: > Political, legal > Legal > Chinese law > Natural Resources and Environmental Protection Act > Environmental Protection Act
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