{"title":"修订后的《中国海洋环境保护法》对海岸警卫队执法行动的影响 - 重点关注日本向海洋排放核废水后的压载水排放问题","authors":"","doi":"10.1016/j.marpol.2024.106431","DOIUrl":null,"url":null,"abstract":"<div><div>After Japan released nuclear wastewater into the Pacific Ocean, China amended and promulgated the Marine Environmental Protection Law (MEPL) on October 24, 2023. The 2023 MEPL grants the Coast Guard extraterritorial jurisdiction over marine environmental protection. Meanwhile, it removes the content related to immunity for the disposal of radioactive substances and strictly prohibits the discharge of such substances into the sea. It is suggested that the 2023 MEPL will impact Coast Guard law enforcement actions, particularly in cases involving the punishment of marine pollution caused by nuclear wastewater. Additionally, China's Civil Procedure Law on jurisdiction over foreign-related infringement cases was also amended in 2023. Chinese courts have gained broader jurisdiction in foreign-related tort cases. As a result, Japanese parties will face the risk of civil damage compensation litigation due to the disposal of nuclear wastewater.</div></div>","PeriodicalId":48427,"journal":{"name":"Marine Policy","volume":null,"pages":null},"PeriodicalIF":3.5000,"publicationDate":"2024-10-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Impact of the amended Chinese Marine Environmental Protection Law on the law enforcement action of the Coast Guard — With a focus on the discharge of ballast water after Japan’s releasing of nuclear wastewater into the sea\",\"authors\":\"\",\"doi\":\"10.1016/j.marpol.2024.106431\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"<div><div>After Japan released nuclear wastewater into the Pacific Ocean, China amended and promulgated the Marine Environmental Protection Law (MEPL) on October 24, 2023. The 2023 MEPL grants the Coast Guard extraterritorial jurisdiction over marine environmental protection. Meanwhile, it removes the content related to immunity for the disposal of radioactive substances and strictly prohibits the discharge of such substances into the sea. It is suggested that the 2023 MEPL will impact Coast Guard law enforcement actions, particularly in cases involving the punishment of marine pollution caused by nuclear wastewater. Additionally, China's Civil Procedure Law on jurisdiction over foreign-related infringement cases was also amended in 2023. Chinese courts have gained broader jurisdiction in foreign-related tort cases. As a result, Japanese parties will face the risk of civil damage compensation litigation due to the disposal of nuclear wastewater.</div></div>\",\"PeriodicalId\":48427,\"journal\":{\"name\":\"Marine Policy\",\"volume\":null,\"pages\":null},\"PeriodicalIF\":3.5000,\"publicationDate\":\"2024-10-10\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Marine Policy\",\"FirstCategoryId\":\"90\",\"ListUrlMain\":\"https://www.sciencedirect.com/science/article/pii/S0308597X24004317\",\"RegionNum\":2,\"RegionCategory\":\"社会学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q2\",\"JCRName\":\"ENVIRONMENTAL STUDIES\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Marine Policy","FirstCategoryId":"90","ListUrlMain":"https://www.sciencedirect.com/science/article/pii/S0308597X24004317","RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"ENVIRONMENTAL STUDIES","Score":null,"Total":0}
Impact of the amended Chinese Marine Environmental Protection Law on the law enforcement action of the Coast Guard — With a focus on the discharge of ballast water after Japan’s releasing of nuclear wastewater into the sea
After Japan released nuclear wastewater into the Pacific Ocean, China amended and promulgated the Marine Environmental Protection Law (MEPL) on October 24, 2023. The 2023 MEPL grants the Coast Guard extraterritorial jurisdiction over marine environmental protection. Meanwhile, it removes the content related to immunity for the disposal of radioactive substances and strictly prohibits the discharge of such substances into the sea. It is suggested that the 2023 MEPL will impact Coast Guard law enforcement actions, particularly in cases involving the punishment of marine pollution caused by nuclear wastewater. Additionally, China's Civil Procedure Law on jurisdiction over foreign-related infringement cases was also amended in 2023. Chinese courts have gained broader jurisdiction in foreign-related tort cases. As a result, Japanese parties will face the risk of civil damage compensation litigation due to the disposal of nuclear wastewater.
期刊介绍:
Marine Policy is the leading journal of ocean policy studies. It offers researchers, analysts and policy makers a unique combination of analyses in the principal social science disciplines relevant to the formulation of marine policy. Major articles are contributed by specialists in marine affairs, including marine economists and marine resource managers, political scientists, marine scientists, international lawyers, geographers and anthropologists. Drawing on their expertise and research, the journal covers: international, regional and national marine policies; institutional arrangements for the management and regulation of marine activities, including fisheries and shipping; conflict resolution; marine pollution and environment; conservation and use of marine resources. Regular features of Marine Policy include research reports, conference reports and reports on current developments to keep readers up-to-date with the latest developments and research in ocean affairs.