A Study on Korea-China Cooperation for the Prevention of Marine Pollution from International Law Perspective
vi, 192 p.
- 원문 URL
China and South Korea are both coastal countries and the marine economy has played an essential role in accelerating national economy of each country. However, in recent years with the continuous development of marine economy, the marine environment pollution is astonishingly on the rise, which has not only caused a great economic loss but also threatened the sustainable development of marine economy. Therefore, the prevention and control of marine environment pollution have become a great concern to both governments and the public. In the present paper, the international conventions and laws concerning marine environment protection are traced back, and with regards to the guidance by the general principles, the necessity and feasibility for marine environment protection in Northeast Asia, especially in both South Korea and China are expounded in detail, focusing on the basic factors for cooperation between two states. Initially, based on the natural and ecological features of marine areas of both countries, the marine pollution status is described depending upon the types of pollutant sources; Next, the similarities and dissimilarities in legislative history, law enforcement, structure of institutions and practices of marine environment protection between China and Korea are compared in combination with relevant international conventions and international cooperation precedents and referring to the successful examples for regional cooperation like Mediterranean Region on marine environment protection. Also, suggestions are proposed on cooperative pathways concerning marine environment protection based on the problems which need to be solved in the near future. At present, there are many factors that influence bilateral cooperation, such as the basis of legal construction, law enforcement, governance pattern, environment assessment system, managing structure, policy and trust level. These could be settled by intensifying mutual recognition and understanding, so as to discover the common interest and open up new pathways for cooperation. In order to effectively strengthen the bilateral cooperation and multilateral cooperation on marine environment protection, Northeast Asian countries, especially Korea and China should (1) make joint efforts on signing international conventions, regional agreements as much as possible; (2) find out an effective way to cope with the trans-boundary pollution aiming at different types of pollution sources as soon as possible; (3) learn from each other in environmental protection investment, law legislation, law enforcement as well as policy-making; (4) establish a special governance mechanism with the duties of inspection on law enforcement, coordination and governance in terms of marine environment protection; and (5) intensify the joint cooperation in marine environment protection by encouraging investment and marine environment protection input, establishing a new-type of marine governance regime, jointly-undertaking the international or regional programmes more actively, seeking new lateral agreements or treaties according to newly-changing situations, creating favorable conditions and making a full use of respective advantages. Keyword: Northeast Asia; marine pollution prevention; legal system; international cooperation; regional cooperation