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On the jurisdiction of the coastal States of Pollution from Ships

Author: ZhangLiuLi
Tutor: LingYan
School: China University of Political Science
Course: International Law
Keywords: Protection of the marine environment Coastal States Jurisdiction Nations Convention on the Law of the Sea
CLC: D993.5
Type: Master's thesis
Year: 2011
Downloads: 66
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Abstract

Jurisdiction as a complex of international law and because the core of the problem, we can not avoid the most important issue in the study of international law, its content and attribution vary with the different areas of international law, coastal States on ship source pollution of the marine environment important aspect of the jurisdictional issues fall within the jurisdiction of the law of the sea pollution, it involves ship-source pollution behavior occurs in different waters by which national jurisdiction and the manner in which the jurisdiction of the problem, the \States jurisdiction, the jurisdiction assigned to coastal States under different circumstances, flag and port States tripartite, traditional flag State jurisdiction launched a violent impact, but this impact is not thorough enough, the Convention some provisions for pollution provisions of the jurisdiction of the coastal State is still inadequate at still biased towards suspected of the flag State. The purpose of this writing there are two: First, from a national perspective, in-depth analysis exist in different countries enjoyed the protection of the marine environment under the Convention or international customary legislative jurisdiction and enforcement jurisdiction, through in-depth analysis Nations Convention on the Law of the Sea in the relevant provisions, pointed out that the lack of the provisions of the Convention, by comparing the legislation and practice of the jurisdiction of the major countries in the world today, in-depth analysis of pollution jurisdiction of the legislative provisions and legal practice, pointed out that the problems our country today in terms of pollution jurisdiction, which put forward a sound advice. In this paper, the research methods: the method of historical research, literature research methods, comparative research methods and case studies method. This paper is divided into three chapters, the first chapter is an overview of the coastal State jurisdiction in the protection of the marine environment pollution, mainly summarizes the concept of the marine environment pollution, classification, and the historical development of pollution-related jurisdiction, background , etc., leads to the main content of this article needs discussed; second chapter focuses on the jurisdiction of ship-source pollution of coastal States, from its source of law, applies specifically to analyze another jurisdiction subdivided into legislation jurisdiction to jurisdiction to enforce and jurisdiction and legislative jurisdiction and enforcement jurisdiction legal system analysis, preliminary clarify its problems; Chapter of legislation and practice on the protection of the marine environment, and points out the problems, and the use of comparative research methods, introduced the legislation and practice of the United States, Canada and other countries, and its analysis of the legal and institutional level, to explore the experience to draw on, and then naturally on China's legislative work and practice recommendations, which is one of the highlights of this article, in recent years, with the vigorous development of China's maritime trade, protection of the marine environment, the status quo is not optimistic, pollution jurisdiction of the coastal State on the Protection of the Marine Environment of the work has a long coastline, China has is of great significance for the status quo of China's marine protected, China should actively explore the prevention and treatment of the legal regime for ship source pollution system suitable for China's national conditions, learn from the advanced experience of foreign countries, and actively explore effective countermeasures to prevent jurisdiction ship source pollution of the marine environment in China, This article is still two angles from the legislative jurisdiction and enforcement jurisdiction of different countermeasures coherent, clear hierarchy, course I level yet, although spending a lot of energy access to information, the paper fear there are many omissions , I would urge the expert teacher wing.

On the jurisdiction of the coastal States of Pollution from Ships

Abstract

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