The Reconstruction of China’s Land-Based Marine Pollution Governance under the Concept of “Rights of Nature”

ABSTRACT: Under the concept of “Rights of Nature”, the governance of land-based marine pollution in China faces unprecedented opportunities and challenges. Traditional governance paradigms are predominantly anthropocentric, treating the ocean as a resource to be utilized. From this perspective, governance measures for the prevention and control of land-based marine pollution primarily rely on administrative management and end-of-pipe treatments. Within this context, “Rights of Nature” provide a new pathway for marine ecological protection. However, promoting a shift in land-based marine pollution governance from the traditional anthropocentric view to an eco-centrism under the “Rights of Nature” concept is by no means an instantaneous process, and it must proceed gradually and systematically. Currently, China’s institutional framework for preventing and controlling land-based marine pollution remains dominated by the anthropocentric paradigm. Furthermore, it encounters multiple difficulties across many key areas, including the legal system, law enforcement mechanisms, relief mechanisms, and public participation. Issues such as poor coordination within the legal framework, fragmented law enforcement, lagging legislation related to ecological restoration, and insufficient public participation significantly constrain the effectiveness of land-based marine pollution governance. Given the fundamental differences between anthropocentrism and “Rights of Nature”, directly introducing this concept would likely have a substantial impact on China’s existing legal framework. Therefore, at the current stage, China could first incorporate the proposition from the “Rights of Nature” concept that nature possesses “intrinsic value independent of human use or perception”. This involves weakening the perception of the ocean as a mere appendage to human activities, recognizing and respecting the unique value of the ocean as a living entity and ecosystem at a conceptual level, and gradually forming a set of nature-friendly governance paradigms for land-based marine pollution that respect the intrinsic value of nature. This approach can ultimately drive transformative practices in China’s land-based marine pollution governance.