国际海底区域环境保护制度研究

发布时间：2018-03-26 21:04

本文选题：国际海底区域　切入点：海洋环境保护　出处：《国际关系学院》2015年硕士论文

【摘要】：国际海底区域即“区域”,“区域”的资源则指的是非生物资源,“区域”内活动主要为对资源的勘探和开发活动,“区域”的制度主要解决两个问题:一是具有排他性的资源利益分配,二是体现共同利益的环境保护目标实现。这两个问题是不可分割的,各国为调和资源利益分配而赋予“区域”人类共同继承财产地位直接影响了其环境保护。资源利益分配曾导致的是发达国家和发展中国家在《联合国海洋法公约》的制定上进行博弈,在“区域”问题上尤为激烈,最终在相互妥协中形成了对“区域”及其资源的平行开发制度,但由于英、法、美、德等国家的拒绝加入使得该公约在普适性上遭遇挫折。但随着《执行协定》产生,除美国以外,其他主要国家均已加入该公约。“区域”及其资源的平行开发制度中主要机构管理局制定了三个规章,并在环境保护制度上规定一致。而且,联合国海洋法庭首例咨询意见案已经对担保国所关心的义务和责任承担问题进行了解答,并十分偏重环境保护。但是,“区域”环境保护制度仍然不够清晰,尤其是“区域”内活动中要遵循的环境保护的义务内涵,以及担保国为履行“确保遵守”义务应当采取的措施具体内容。实际上,现有的规范传统人类海洋活动中保护海洋环境的国际公约以及国内立法能对“区域”环境保护制度起到良好的阐明作用。所以说,中国在针对“区域”开发活动的立法中应当融入这些公约和立法中体现的环境影响评价、预防性方法、最佳环境方法、信息公开等原则,通过事前严格准入、事中进行有力管理和监督和事后有效追责三个阶段并举,确保所担保的承包者切实遵守环境保护义务,规避法律风险。
[Abstract]:The international seabed area is the "area", and the resources of the area refer to non-living resources. The activities in the area are mainly exploration and exploitation of resources. The regime of the area mainly solves two problems: first, it is exclusive. The distribution of resources and benefits, Second, the goal of environmental protection, which embodies common interests, is realized. These two issues are inseparable. The allocation of resources has directly affected the environmental protection of the area in order to reconcile the allocation of resource interests with the common heritage of mankind in the area. The allocation of resources interests has led to the implementation of the United Nations Convention on the Law of the Sea by both developed and developing countries. The game is played on the formulation of, The issue of "the area" was particularly fierce, and the system of parallel exploitation of the area and its resources was finally formed through mutual compromise, but because of Britain, France and the United States, The refusal of Germany and other countries to accede to the Convention has frustrated the universality of the Convention. However, with the emergence of the implementation Agreement, with the exception of the United States, Other major States have acceded to the Convention... in the regime for the parallel exploitation of the area and its resources, the Authority has three regulations and is consistent in its environmental protection regime... and, The first advisory opinion of the United Nations Tribunal for the Law of the Sea has addressed the concerns of sponsoring States with regard to their obligations and responsibilities and has placed considerable emphasis on environmental protection... however, the regime of environmental protection in the area is still not clear enough, In particular, the content of the obligation to protect the environment to be followed in activities in the area, as well as the specific content of the measures that the sponsoring State should take to "ensure compliance"... in practice, Existing international conventions regulating the protection of the marine environment in traditional human marine activities, as well as domestic legislation, can serve as a good illustration of the environmental protection regime in the area. China should incorporate in its legislation on development activities in the area the principles of environmental impact assessment, precautionary approach, best environmental methods, and disclosure of information embodied in these conventions and legislation, and through strict access in advance, In order to ensure the contractors' effective compliance with environmental protection obligations and avoid legal risks, the three stages of effective management and supervision and effective accountability are carried out in order to ensure that the contractors under guarantee comply with their environmental protection obligations.
【学位授予单位】：国际关系学院
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D993.5

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