沈阳工业大学学报（社会科学版）2025，Vol.18Issue(1)：94-104,11.DOI:10.7688/j.issn.1674-0823.2025.01.11
核污水排放背景下船舶压载水管理立法研究
Legislation research on ships'ballast water management in the context of nuclear wastewater discharge
摘要
Abstract
Ships'ballast water carries the risk of expanding the scope of nuclear wastewater pollution,especially in inland waters and waters near port cities that are not accessible via conventional ocean current transmission routes.The control and management of ships'ballast water in the context of nuclear wastewater discharge is still blank in terms of international treaties,domestic legislation,and administrative regulations.This paper employs empirical and literature research methods,combined with practical experience in shipping such as that related to ships and ports,and an analysis of relevant legal literature,to explore the urgent need for legislation on ships'ballast water management in China in the context of nuclear wastewater discharge from both practical and theoretical perspectives.Research has found that although the International Convention for the Control and Management of Ships'Ballast Water and Sediments provides a basic framework for ballast water management globally,it has not made specific regulations on the spread of radioactive wastewater in the new context of nuclear wastewater pollution.Although current domestic laws in China address ballast water pollution to some extent,there is a lag in legislation and law enforcement regarding the spread of nuclear wastewater pollution,and there is a lack of specific punishment measures and prevention and control mechanisms.The spread path of ships' ballast water exhibits regional differences,discontinuity,and potential hazards,making it one of the important carriers of nuclear wastewater pollution diffusion.This spread method goes beyond the conventional ocean current diffusion path and brings unpredictable ecological risks to China's inland and coastal port waters.Therefore,legislation on the management of ships' ballast water shows significant legitimacy and urgency.Legislation should be based on China's current legal system and international conventions,to establish stricter standards for the discharge of ships'ballast water,and to refine the areas and technical requirements for ballast water exchange,in order to prevent ballast water contaminated by nuclear wastewater from flowing into inland or port waters through ships.This paper argues that future legislation should not only focus on addressing Japan's nuclear wastewater discharge incident but also optimize China's ballast water management system for ports and ships from a more comprehensive perspective,thereby establishing a legal barrier against nuclear pollution,ensuring China's ecological environment security,maintaining the ecological balance of inland and marine waters,and providing Chinese wisdom for global marine environmental governance.关键词
核污水/船舶压载水/内河水污染/压载水公约/法律责任/惩罚性赔偿Key words
nuclear wastewater/ship ballast water/inland water pollution/ballast water convention/legal liability/punitive damage分类
社会科学引用本文复制引用
吴晓明,吴凯..核污水排放背景下船舶压载水管理立法研究[J].沈阳工业大学学报（社会科学版）,2025,18(1):94-104,11.基金项目
辽宁省科学技术计划项目(2022JH4/10100066). （2022JH4/10100066）
