基于可持续发展目标的海洋资源综合立法

可持续发展作为资源开发的关键要素,已成为海洋发展战略与综合立法的重要内容;但少有基于可持续发展目标、以海洋资源开发为主题的海洋综合立法研究.本文通过拓展可持续发展理念内涵、明晰中国海洋综合立法的主要内部矛盾与外部影响因素,探索群落与可持续发展进程对海洋管理模式的影响,以及比较分析典型国家的海洋综合立法.研究发现:①基于...

Integrated legislation of marine resources based on the sustainable development goals

Sustainable development is a key element of resource exploitation and it has become an important part of marine development strategies and integrated marine legislation. However, there exist only few studies on integrated marine legislation with the theme of marine resources exploitation that are based on the sustainable development goals. This article expands the connotation of the concept of sustainable development and analyzes the main internal contradictions and external influencing factors of China’s integrated marine legislation. By exploring the influence of sustainable development processes on marine management models and the integrated legislation based on ecosystems, the authors found that: (1) The marine ecosystem- based management (MEBM) model takes the characteristics of ecosystem interconnectedness and management adaptability into account, and thus promoting the innovation of marine management models. (2) The preference of the precautionary is in line with the value selection of the ocean management model based on the ecosystem, and the model of “ecology + marine management” can be used as the legislative way for China to construct the marine law which based on the sustainable goals. (3) Foreign countries’ integrated marine legislation had the experience to set up specialized agencies, make medium or long term plans, clarify the legal status of “marine” and “ecology” which provide a reference for the integrated marine legislation of China.