Haifeng Deng, Associate Professor of Law school , Tsinghua University Research on the Marine Environmental Capacity Governance System in China Haifeng Deng, Associate Professor of Law school , Tsinghua University Email: denghf@tsinghua.edu.cn

Contents 1 Marine Environmental Capacity and Its Resources 2 Usufructuary Situation and Problem of Marine Environmental Capacity in China 3 The Property Carrier of Marine Environmental Capacity— Marine Pollutant Discharge Right 4 Conflicts and Coordination among Marine Pollutant Discharge Right and the Different Rights School of Law Tsinghua University

1. Marine Environmental Capacity and Its Resources 1.1 Why we should pay attention to the marine environmental capacity The marine environmental pollution and ecological degradation are one of the serious environmental problems human society is faced with. Management of human on marine resources are still focusing on economic value, but disregarding marine ecological value. In order to solve the marine environmental problem, the marine ecological value must be confirmed and identified, and the civil property system provides a good tool for it. This paper institutes the marine pollutant discharge right with the power and function of use and earnings taking marine environmental capacity as object, by reference to the theory of property law, on the theoretical basis of taking environmental capacity as a property. School of Law Tsinghua University

1. Marine Environmental Capacity and Its Resources 1.2 the interpretation of the concept of marine environmental capacity The marine environmental capacity refers to : required national standard for sea water quality to maintain special ecological function in some sea area, and the allowable maximum pollutant discharge within the certain time limit. The marine environmental capacity has double natures of natural objective and man-made subjective. natural objective nature man-made subjective nature School of Law Tsinghua University

2. Usufructuary Situation and Problem of Marine Environmental Capacity in China Current Situation of Marine Environmental Capacity Allocation the marine environmental capacity resource is mainly allocated on the basis of administrative legal relation; The marine pollutant discharge permit is only a kind of specific administrative act based on public law. Defects of This Public Law- Based Resource Allocation System : Firstly, the administrative license trading between private legal bodies under the administrative legal framework is prohibited strictly; Secondly, “command and control” makes market bodies under the passive and controlled status, so it is hard to inspire their initiatives and self-awareness of improving economic and environmental benefits through pollutants discharge reduction. School of Law Tsinghua University

2. Usufructuary Situation and Problem of Marine Environmental Capacity in China Way to Perfect This Public Law- Based Resource Allocation System : create the right carrier for marine environmental capacity through the system making environmental capacity institute property. At present, in order to realize this thought, at first, the property carrier of marine environmental capacity must be determined, i.e. the marine pollutant discharge right must be instituted and confirmed. School of Law Tsinghua University

3. The Property Carrier of Marine environmental Capacity— Marine Pollutant Discharge Right 3.1 the property characteristic of marine environmental capacity The marine environmental capacity is able to satisfy the relevant characteristics of property object to some degree. Concretely speaking: perceivable relatively disposable confirmable School of Law Tsinghua University

3. The Property Carrier of Marine environmental Capacity— Marine Pollutant Discharge Right 3.2 the marine pollutant discharge right and its scope of law The marine pollutant discharge right refers to : the right that the right holder may use and get earnings from the marine environmental capacity on the basis of self-purification capability of marine environment in accordance with law. After the marine pollutant discharge right established based on the property law, the marine environmental capacity could be a property on the nature. Then it could be allocated by the private law and could be transacted by the private legal bodies. School of Law Tsinghua University

3. The Property Carrier of Marine environmental Capacity— Marine Pollutant Discharge Right 3.3 the mother right of marine pollutant discharge right the ownership of marine environmental capacity resources United Nations Convention on the Law of the Sea the boundary limit of a state sovereign rights on marine environmental capacity resource to be the exclusive economic zone of 200 nautical miles. As far as China is concerned, the entire marine environmental capacity resource in the exclusive economic zone waters shall be owned by the state. Private entities can use the marine environmental capacity through obtaining the marine pollutant discharge right. School of Law Tsinghua University

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