中国人口·资源与环境2025，Vol.35Issue(10)：34-43,10.DOI:10.12062/cpre.20250929
海洋生态环境跨界治理的法典化表达
Codified expression of transboundary governance of the marine ecological environment
摘要
Abstract
Marine ecological damage often transcends the boundaries of national jurisdictional waters,giving rise to complex transbound-ary governance challenges.To systematically address the transboundary pollution pressures in China's offshore waters,various types of cu-mulative environmental impacts,and the severe"responsibility deficit"confronting marine environmental governance,there is an urgent need to respond to the practical demands for transboundary marine ecological protection through codification.In terms of the application of transboundary jurisdiction,although the Ecological and Environmental Code(Draft)has incorporated extraterritorial effect provisions from the Marine Environmental Protection Law,the relevant provisions remain largely principle-based.The global cooperation institutional framework established for transboundary governance has insufficient alignment with international rules,making it difficult to effectively en-sure that the state,in accordance with international conventions,fully fulfills its obligations and responsibilities in transboundary gover-nance of the marine ecological environment.The codification of transboundary governance of the marine ecological environment should fol-low triple logic:integrating ecosystem theory with Sustainable Development Goals,maintaining ecological security to conduct systematic governance,and advancing in a coordinated manner the rule of law for ecological protection both domestically and in the foreign-related context.At present,the Ecological and Environmental Code(Draft)has neither formed an ecosystem-based institutional framework for transboundary governance nor established an ecological security-oriented responsibility system for such governance,and its provisions aimed at promoting the alignment of domestic and international legal rules for transboundary governance are inadequate.Drawing on Chi-na's existing international treaties,other relevant treaties,and beneficial normative and institutional experiences from coastal state legisla-tion,the codified expression of China's legal rules for transboundary governance of the marine ecological environment can be advanced and improved from three dimensions:① Strengthening the ecosystem-based institutional framework for the codification of transboundary governance of the marine ecological environment;② Establishing a responsibility system for transboundary governance of the marine eco-logical environment centered on ecological security;③ Promoting effective alignment between domestic law and international legal rules in the system of transboundary governance of the marine ecological environment.关键词
生态环境法典/海洋生态环境/跨界治理/法典化Key words
Ecological and Environment Code/marine ecological environment/transboundary governance/codification分类
社会科学引用本文复制引用
QUAN Yongbo,LI Fuxing..海洋生态环境跨界治理的法典化表达[J].中国人口·资源与环境,2025,35(10):34-43,10.基金项目
国家社会科学基金重大专项(批准号:24VHQ002). （批准号:24VHQ002）
