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Study On The Coordinated Governance Models Of Biodiversity In The Sea Areas Beyond National Jurisdiction Of The Arctic

Posted on:2021-05-08Degree:MasterType:Thesis
Country:ChinaCandidate:Y C LiaoFull Text:PDF
GTID:2506306050458014Subject:Science of Law
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As the level of science and technology improves,people’s ability to explore Areas Beyond National Jurisdiction has been strengthened,and it has been discovered that the Areas Beyond National Jurisdiction have enormous commercial value.For the purpose of implementing the conservation and sustainable use of biodiversity of Areas Beyond National Jurisdiction(BBNJ)while developing Areas Beyond National Jurisdiction,the current global negotiations on the construction of related governance mechanisms are fierce,setting off waves of governance reform in the law of the sea.At the same time,due to factors such as global warming and increased human activity,it is particularly important to manage the fragile Arctic BBNJ.However,the international law governance of conservation and sustainable use of BBNJ has been involved in the scope of authority of many regional and industry organizations.This means that the future BBNJ agreement and the existing governance mechanism have overlapping management scope.Therefore,how to understand and materialize the “not undermine” mechanism is a key issue in the actual operation of the BBNJ agreement in the future.This paper first introduces the related concepts,analyzes the causes of governance and theoretical basis.After analyzing the Arctic Council,the Arctic Five Nations mechanism,“A5 + 5”and other mechanisms,it is concluded that the existing Arctic regional mechanisms are incapable of being responsible for the governance of the Arctic BBNJ.Therefore,on the basis of the global model,supplemented by regional support,the two should be coordinated to achieve this goal together.In terms of coordinating governance content,global and regional levels should coordinate in areas such as area-based management tools and environmental impact assessment.By analyzing the previous efforts of the Arctic Council Working Group on the area-based management tools,the existing environmental impact assessment system of the Arctic,etc.,it is concluded that the soft law mechanism should be integrated into the Arctic BBNJ governance process in the future.At the same time,special Arctic clauses should be set up to regulate the identification of Arctic high seas marine protected areas and thresholds for environmental impact assessment.In terms of constructing the path of the coordination mechanism,the global level should implement the coordination governance by coordinating ocean governance principles,clarifying special norms,buildingcommunication mechanisms and compliance mechanisms;At the regional level,the Arctic Council Working Group should play an information supporting role.Regional organizations should strengthen their ability of coordination and cooperation,and the rights and obligations of Arctic countries and indigenous peoples should be clear.Finally,some suggestions are put forward for China’s participation in the aspects of concept,diplomacy,international cooperation and practice.
Keywords/Search Tags:Areas Beyond National Jurisdiction of the Arctic, Biodiversity of Areas Beyond National Jurisdiction, Coordinated governance, Global model, Regional governance
PDF Full Text Request
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