Contracting the Sustainable Marine Environmental Capacity Regulatory Mechanism

Abstract

The marine environmental capacity is a special marine resource produced on the basis of seawater’s ability to self-purify. It is possible for the marine environmental capacity to become the object of property because it is perceptible, determinable, and relatively disposable. In this context, China should institute a marine pollutant discharge right, taking marine environmental capacity as an object of property. Such a right would take the form of a quasi-property, which the obligee will be entitled to use and thus seek profits. The marine pollutant discharge right will form the legal basis for allocating marine environmental capacity through the method of marketization. This would be a feasible channel through which to solve the problem of marine environmental pollution through private law, and a major opportunity to deepen the reform of the marine environmental pollution governance system for China.

Marine environmental pollution and ecological degradation are some of the most serious problems facing society. With industrial development accelerating greatly since the 20th century, the human population has been utilizing marine resources at a rate far beyond the capacity of the marine environment itself. As marine resources are closely linked to human health, the world is now facing an impending ecological crisis. Nonetheless, the exploitation, utilization, and management of marine resources continue to be based on traditional thinking, i.e. focusing on economic value but disregarding ecological value. At the same time, the applicable legislation on marine environmental protection, in which compulsory provisions are dominant, has had limited effect in developing full recognition of the importance of marine ecological value. Therefore, increasingly serious marine environmental problem have been caused. In light of this issue and to solve the marine environment problem, the marine ecological value must be confirmed and identified. The civil property system serves as a good tool for such a feat. This paper seeks to discuss the right to discharge pollutants into the marine environment, while also addressing functions, uses, and earnings pertaining to marine resources. In particular, marine environmental capacity will be analyzed as an object, by reference to the theory of quasi-property and new-type object.