中国人口·资源与环境2025，Vol.35Issue(10)：12-23,12.DOI:10.12062/cpre.20250926
《联合国海洋法公约》视阈下生态环境法典编纂中专属经济区和大陆架规定研究
Provisions concerning the exclusive economic zone and continental shelf in the codification of the Ecological and Environmental Code from the perspective of the UNCLOS
摘要
Abstract
Like any other coastal state,China's sovereignty rights in the exclusive economic zone(EEZ)and continental shelf derive from the United Nations Convention on the Law of the Sea(UNCLOS)signed in 1982,rather than from its sovereignty,and are subject to the relevant international obligations.The Ecological and Environmental Code,as it applies to the EEZ and continental shelf,inevitably has foreign-related or extraterritorial effects,which means that it is not purely domestic law.On the one hand,its compatibility with the UNCLOS must be ensured,and on the other,its comprehensiveness must be ensured,as it needs to implement the relevant provisions of the UNCLOS in the EEZ and continental shelf.Employing the methods of literature analysis and text analysis,this study explores the historical origins of the sovereignty rights and exclusive jurisdictions of coastal states in the EEZ and continental shelf and analyzes the provisions of the UNCLOS on the sovereignty rights,state obligations,and jurisdictions of coastal states regarding marine ecological and environmental governance.The analysis shows that a coastal state has two categories of jurisdictions:exclusive jurisdiction based on the economic sovereignty rights and non-exclusive jurisdiction based on general rights and obligations;both are different from the jurisdic-tion on ecological and environmental protection based on state sovereignty.Through further analysis of the Ecological and Environmen-tal Code of the People's Republic of China(Draft)(hereinafter referred to as"the Draft")and the UNCLOS,this study identifies the fol-lowing deficiencies in the Draft:① failure to reasonably differentiate between activities relating to ecological and environmental protec-tion in the territories and those in the EEZ and continental shelf;② poor coordination between the provisions on pollution prevention and ecological protection and those on natural resource development in the EEZ and the continental shelf;③ lack of provisions on envi-ronmental impact assessment that reflect the specificity of the EEZ and continental shelf;④ absence of liability provisions that reflect the particularity of ecological and environmental governance in the EEZ and continental shelf.Therefore,to improve the Draft's compat-ibility with the UNCLOS,the following recommendations are proposed:China should reasonably define its ecological and environmental protection obligations and jurisdictions in the EEZ and continental shelf and develop special provisions for coordination between marine pollution prevention and control provisions and sectoral laws on natural resources,for ecological and environmental impact assessment,and for liability mechanisms for ecological and environmental protection activities within the EEZ and continental shelf.关键词
生态环境法典/《联合国海洋法公约》/兼容/条约的实施/专属经济区/大陆架Key words
Ecological and Environmental Code/UNCLOS/compatibility/treaty implementation/EEZ/continental shelf分类
社会科学引用本文复制引用
HU Desheng,GUO Yunpeng,XU Shengqing..《联合国海洋法公约》视阈下生态环境法典编纂中专属经济区和大陆架规定研究[J].中国人口·资源与环境,2025,35(10):12-23,12.基金项目
国家社会科学基金重大项目"流域和海域环境协同治理的机制与路径研究"(批准号:22&ZD107). （批准号:22&ZD107）
