《生态环境法典》视域下海上能源开发的生态环境法益识别及其规范展开OACHSSCD

Offshore energy development embodies the dual dimensions of national energy security and marine ecological protection,and constitutes a major theoretical and practical proposition that requires an urgent response in the process of eco-environmental codifica-tion.The protection of the eco-environmental legal interests in offshore energy development under the Ecological and Environmental Code must satisfy the demand for fine-tuned implementation of the Code,and the general principles of Code require further elaboration in specialized fields,given the differences between offshore oil-and-gas exploration and development and offshore wind-power construc-tion in terms of patterns of legal interest infringement,the risk types,and the consequences of damages.Based on the analytical frame-work of"dual sources of law"and the dual legal systems,this study develops a three-stage review method of"interest-inventory identi-fication,value-ranking identification and typological identification"in order to identify the eco-environmental legal interests involved in offshore energy development.At the methodological level,it employs legal-interest analysis;while at the normative level,it takes the concept of"eco-environmental rights and interests"newly added in Article 1 of the Code as its positive-law basis.The difficulty of le-gal-interest identification lies in the plurality of interest-holders,the cross-boundary,cumulative,and lagged nature of the infringement modalities,the divergent infringement mechanisms of offshore oil and gas against offshore wind power,and the highly generalized word-ing of the Code.Through the three-stage review,four categories of legal interests implicated in offshore energy development can be i-dentified:marine ecosystem integrity,marine biodiversity,marine ecosystem service functions,and public environmental rights and in-terests.Accordingly,a three-tier regulatory structure can be established,consisting of"the guidance of fundamental norms+the appli-cation of special rules+the supplementation of subordinate legislation",thereby translating the identification results into differentiated regulatory schemes so as to achieve the fine-tuned operation of legal-interest protection in offshore energy development.