Back in the Party Congress report, the Central Committee clearly stated that ; national development of marine resources legal environment for the development of marine resources
1. the international legal regime of marine resources development
we all understand, the international community to regulate marine resources development activities are legal for the convention. I believe that the main features:
First, the establishment of exclusive economic district and continental shelf resources development the fashionable system. Convention, Article 56 and Article 77, the coastal State EEZ and the continental shelf of the normal resources reconnaissance and development rights, the coastal State to discipline these rights, tin be related to the construction of facilities because development of marine resources.
Second,toronto escorts, established the conception of mutual heritage of mankind's rank in the convention, and the concept for the right research.
Third, the establishment of an international dispute settlement mechanisms. Convention no merely in accordance with Annex VI, provides for compulsory dispute settlement programs. Meanwhile, the International Law of the Sea established a special tribunal dealing with . which provides that the concept of institutions established by the Convention mm of the Commission's recommendations. This provision reflects the role of international agencies. in 1997, has been established of the Commission carried out actual work, and has received Russia and Brazil and other countries outdoor the 200 marine miles continental shelf application solutions.
lesson, due to various reasons, the Convention on the development of marine resources there are still some flaws. But the affirmative is, in terms of the digit of Parties to the Convention (by far as the 145 Parties to the Convention), or from the practice of States point of view, the pertinent national conventions are generally followed, has also been a steady development, and treatment has become an authoritative document of international maritime activities. Convention on the development of marine resources for countries provides an important legal basis.
2. Regional Seas resource development of the lawful system
waters disputed with other countries in Southeast Asia countries, mostly nation, merely the good newspaper is, China and good relations between these countries. This is remove and stable relations, including regional legal environment is conducive to China implementation of national ocean development strategy. The important ones are:
First, China was June 28, 2003 agreed the accession of the a legally fastening file, namely thought the relationship between ASEAN countries, a code of behaviour. China's accession to the pact, that between China and ASEAN to deepen political reciprocal confidence and cooperation to a higher level. which is favorable to China-ASEAN relations in the long-term reliability and development and to consolidate the good surrounding environment is profitable to jointly shield peace and stability in the region.
Second, China and Southeast eastern countries was November 4, 2002 signed the . The Declaration declares: The parties committed to the intentions and principles below the UN Charter, the Convention, the Treaty of Amity and Cooperation, and other norms of international law and peaceful coexistence, equality and mutual adore on the foundation of confidence-building path. The signing of the Declaration , to promote regional peace, stability and economic development, peace and permanently resolve differences and disputes amid countries has created rewarding conditions.
third of the Beibu Gulf Demarcation Agreement and the Agreement on Fishery Cooperation in 2004 entered into coerce June 30. It is a fair settlement of maritime delimitation dispute between the two countries successful practice. for it is classified as either roughly the same sea area, through the reasonable delivery of fisheries agreements concluded fisheries resources. entry into force of the northern Gulf Demarcation Agreement, Vietnam relations on the development of long-term stability is essential. its entry into force ambition enhance political mutual trust between the two countries and promote bilateral cooperation in other fields. Tonkin Gulf demarcation accord in efficacy, that China has the honesty and ability to resolve between the two countries distinctions and disputes. North Bay Demarcation Agreement and the other neighboring countries as China's hereafter maritime border at the collection of experience, and provide a reference.
In summary, the development of marine resources of international and regional legal environment is conducive to China implementation of the marine resources development strategy.
3. domestic legal environment for the development of marine resources, China has forever spliced magnitude
marine legislation at present has developed a series of standardized marine activities, laws and regulations, China has initially built maritime statute system. For various reasons, effectively of marine legal system afterward the reform and prologue up the establishment and development, especially in China in 1996 and connected the product of further development, enrich and improve needful. and some of them not longer encounter the regulatory requirements of the current development of the position, absence to be altered. To this end, China is working to improve. For instance, the main legislation and regulations are being are: Island Law , sea use rights management regulations, payment collection and management of sea area use regulations, marine engineering and other environmental protection regulations.
Second, improve the development of marine resources, the legal system
for the development of marine resources,glistening green of the mountain, the legal system creating, I believe that the following two aspects should be the main correction.
1. use of international and local legal regime of marine resources development
current international and regional marine resource development of the legal environment conducive to the implementation of citizen marine resources development tactics, China should use the correct . To this end, China must actively fulfill treaty duties relative conventions and regional. including expanding collaboration with other countries continue to actively partake in international, regional seas activities to enhance our ability to deal with international marine affairs, with the peaceful resolution of disputes of various waters; China should too use political and diplomatic advantage of huge countries, strive to nourish earth peace and stability, particularly approximately the space of peace and stability, ensure citizen implementation tactics for the development of marine resources a good environment.
2. Improvement of marine resources development and legal system < br> To safeguard the smooth implementation of the National Oceanic and development of strategies to ensure energy supply in China's modernization, building a agreeable society and to endow to world peace and development should further improve the legal regime of marine resources development, including the formulation of national development of marine resources law . To this end, I believe that should mainly be focused on improving the following aspects.
premier, to build the status of the marine in the Constitution. Article 9 proposed an increase in the the establishment of National Marine affairs agencies, and clearly necessitate the creation of the responsibilities,toronto escorts, rights and interests. Meanwhile, to further strengthen the supervision of the China Sea early warning, response, resolution of disputes and rights disputes, maritime law enforcement capability to respond to the complexity of international maritime affairs, variety, sensitivity and haste. to improve the integrated management of ocean affairs, safeguard China's maritime rights and interests. Specifically, the first in the pilot areas mellow joint law enforcement, promote the quick accumulation of experience.
third reinforce the cooperative development of marine activities. use our large power politics foreign advantage and geographical advantages, to take various fashions and ways to continue to reinforce international cooperation and to effectively implement development activities to assure namely more to the energy sources, cooperation, the diversification of Cooperation diversification. the development of the cardinal players in innovation, a discovery; adult to mushroom the scope of the object and deepen; development in various fashions, such as technical cooperation, joint adventures, production sharing, revenue sharing and so aboard. actively encourage entire types of businesses a reasonable and orderly style domestic and international waters to onset, the development of marine resources and to amplify regulations to their fiscal, tariff and additional appearances of plan preferences and privileges.
the fourth to move the development of marine economic. marine resources should be involved in marine economy development strategy, environmental protection, technology development, exploration and examine, etc., the gist content of the development of marine economy. To this end, China should improve the regulations to encourage the economic development of marine activities, including the development of marine fishery resources, tourism resources, mineral resources and shipbuilding industries, equipment fabrication technology, environmental protection, ecological poise and other research and development. At the same time, should take efficient amounts, including the use of clean production, advanced technology and equipment, control and dwindle marine pollution.
Fifth, increase ocean exploration exertions. At present the waters around our country The exploration go is still in progress, should be phased exploration work focused implementation, file collection, file in order to talk with other countries and negotiations to resolve the dispute. At the same time, increase the study, early implementation of applying procedure.
Sixth, inflate exotic exchanges. continue to expand exchanges, including participation in and union of the International Ocean Symposium, contained in assorted types of seaman research projects, and aspire apt amend our empirical study to determination the level of sea businesses and the ultimate provide theoretical guidance to determination multinational disputes.
No comments:
Post a Comment