国际海洋环境保护中的风险预防原则
发布时间：2018-11-22 10:16
【摘要】：随着工业技术的发展和人类社会的进步,新的环境问题层出不穷,特别是在海洋环境问题,其因涉及范围广、危害程度高和损害结果难以挽回,已经成为国际社会广泛关注的环境问题之一。为此各个国家和国际组织制定的一系列相关的法律文件,风险预防原则就是有由此发展出来的解决海洋环境保护上存在的科学不确定性的法律原则,其核心内容是:在危险行为或者物质与人体伤害或者环境损害之间的关系缺乏科学上的确定证据时,应当及时采取预防措施,以达到保护人体生命健康和海洋环境的目的。1 本文分为五个部分。 引言部分主要介绍了国际环境问题的发展和现状,分析了风险预防原则的产生原因及研究价值,并且介绍了本文主要采用的几种研究方法。 第一部分主要研究与风险预防原则相关的理论问题,包括其产生和发展状况,法律含义和法律地位。风险预防原则为了更好地保护国际海洋环境而发展起来的一项习惯国际法原则。 第二部分主要研究风险预防原则的法律实践,包括其在几个重要海洋环境问题中的适用,如何解决现存的实践问题以及由此得出的经验和教训; 第三部分主要研究的是风险预防原则与中国海洋环境保护的相关问题,包括中国海洋环境的主要问题和立法现状,风险预防原则在中国现有海洋环境保护立法中的具体体现以及如何进一步完善。 结语部分主要是对海洋环境保护中的风险预防原则的研究现状进行总结,并指出其正处在迅速发展的过程当中,是一项正在形成的重要习惯国际法原则,能够有效解决当今复杂的海洋环境问题,我国应在结合本国具体国情的基础上引入其相关理念,以更有效得保护海洋环境。
[Abstract]:With the development of industrial technology and the progress of human society, new environmental problems emerge in an endless stream, especially in the marine environment, because of their wide scope, high degree of harm and irreparable damage, It has become one of the environmental problems concerned by the international community. For this reason, a series of relevant legal documents developed by various countries and international organizations, the principle of risk prevention is the legal principle developed from this to address the scientific uncertainties existing in the protection of the marine environment. Its core content is: in the absence of scientific and definitive evidence on the relationship between dangerous acts or substances and human injury or environmental damage, preventive measures should be taken in time, In order to protect human life and health and marine environment. 1 this paper is divided into five parts. The introduction mainly introduces the development and present situation of international environmental problems, analyzes the causes of the principle of risk prevention and its research value, and introduces several research methods used in this paper. The first part mainly studies the theoretical problems related to the principle of risk prevention, including its emergence and development, legal meaning and legal status. A principle of customary international law developed to better protect the international marine environment. The second part mainly studies the legal practice of the principle of risk prevention, including its application in several important marine environmental problems, how to solve the existing practical problems and the experience and lessons learned therefrom; The third part mainly studies the risk prevention principle and the related problems of China's marine environmental protection, including the main problems of China's marine environment and the current legislative situation. The principle of risk prevention is embodied in the existing marine environmental protection legislation in China and how to perfect it further. The conclusion is mainly a summary of the research status of the principle of risk prevention in the protection of the marine environment, and points out that it is in the process of rapid development and is an important and emerging principle of customary international law. In order to effectively solve the complex marine environment problems, China should introduce its related concepts on the basis of its specific national conditions in order to protect the marine environment more effectively.
【学位授予单位】：西南政法大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D996.9
本文编号：2349003
[Abstract]:With the development of industrial technology and the progress of human society, new environmental problems emerge in an endless stream, especially in the marine environment, because of their wide scope, high degree of harm and irreparable damage, It has become one of the environmental problems concerned by the international community. For this reason, a series of relevant legal documents developed by various countries and international organizations, the principle of risk prevention is the legal principle developed from this to address the scientific uncertainties existing in the protection of the marine environment. Its core content is: in the absence of scientific and definitive evidence on the relationship between dangerous acts or substances and human injury or environmental damage, preventive measures should be taken in time, In order to protect human life and health and marine environment. 1 this paper is divided into five parts. The introduction mainly introduces the development and present situation of international environmental problems, analyzes the causes of the principle of risk prevention and its research value, and introduces several research methods used in this paper. The first part mainly studies the theoretical problems related to the principle of risk prevention, including its emergence and development, legal meaning and legal status. A principle of customary international law developed to better protect the international marine environment. The second part mainly studies the legal practice of the principle of risk prevention, including its application in several important marine environmental problems, how to solve the existing practical problems and the experience and lessons learned therefrom; The third part mainly studies the risk prevention principle and the related problems of China's marine environmental protection, including the main problems of China's marine environment and the current legislative situation. The principle of risk prevention is embodied in the existing marine environmental protection legislation in China and how to perfect it further. The conclusion is mainly a summary of the research status of the principle of risk prevention in the protection of the marine environment, and points out that it is in the process of rapid development and is an important and emerging principle of customary international law. In order to effectively solve the complex marine environment problems, China should introduce its related concepts on the basis of its specific national conditions in order to protect the marine environment more effectively.
【学位授予单位】：西南政法大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D996.9
【引证文献】
相关硕士学位论文 前1条
1 周京星;风险预防原则在海洋环境保护法中的适用[D];大连海事大学;2012年
，本文编号：2349003
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