The Comparison between International Environment Laws and Cross-Straits Marine Environmental protection Laws

Autor: Yen-Ping Lin, 林炎平
Rok vydání: 2011
Druh dokumentu: 學位論文 ; thesis
Popis: 99
Marine biological resource is abundant with circulating and reproducible aspects. However, human being took advantage of the reproducibility of ocean and now we are suffering the bitterness from the overdevelopment, which has damaged the marine ecological balance. Many countries have begun making efforts on researches of marine resource protection. The most common problem that the entire global society faces today is how to find the solution to achieve the most development without damaging the marine’s ability of reproduction. Most countries and organizations have made international and regional laws on the issues of global marine environment and expect that everyone can support and obey them. This study adopts methods of literature review and comparison. We will first focus on the lawmaking of marine environmental protection and pollution control and then discuss the lawmaking trend in both Taiwan and China through United Nations Convention on the Law of the Sea. Through comparison, we can learn the difference between the laws made by china, a member nation of international convention, and the laws made by Taiwan. We will be able to determine the standards of each environment pollution between cross-Straits based on the basis of law extracted from both international common law and international statutory law. While observing the cross-Straits marine environmental protection law, we learned that although the Marine Pollution Control Act in Taiwan has consulted to United Nations Convention on the Law of the Sea, our government does not have a complete mechanism to integrate the acts into government’s administration and legislature. In addition, not many people paid much attention to the marine protection department in Taiwan; thus there is so much more we can do on this matter. On the other hand, “The Marine Environmental Protection Law of the People’s S Republic of China” shows that Chinese government has been making a lot of efforts on the matter of marine environment. However, the country is focusing on their economic development right now and the matter of environmental protection has been compromised during the process of development. Chinese government should take a serious consideration on how to make a balance between economic development and environmental protection.
Databáze: Networked Digital Library of Theses & Dissertations