Study On The Legal Basis Of Antarctic Marine Protected Areas

As one of the measures that can effectively protect the marine environment,the marine protected areas is implemented in Antarctic waters.The construction of Antarctic Marine Protected Areas is an emerging topic and moreover the forefront of international law.And Antarctica already constructed the South Orkney Islands South Shelf Marine Protected Area in 2009 and the Ross Sea Marine Protected Area in 2016.There are also three proposals for Antarctic marine protected areas under discussion.At the 21st China-EU Leaders’ Meeting in 2019,the two sides reaffirmed their commitment to the effective implementation of the Blue Partnership in the field of oceans,including the issue of conservation and sustainable use of Antarctic marine living resources,including through the establishment of the Antarctic Marine Protected Area.Although two MPAs have been built,research on the Antarctic MPA system is still being mapped out and the international community still has different opinions on it.The first chapter of this paper is the introduction part.The second chapter describes the definition and practice of Antarctic marine protected areas and analyzes the legal scope and legal application of Antarctic area.Then the article analyzes the concept of marine protected areas and the legal status of Antarctic sea,concluding that Antarctic sea belongs to high seas.And other high sea marine protected areas are introduced.Finally,the current construction and development prospects of Antarctic marine protected areas are presented,and it can be seen that the establishment of Antarctic marine protected areas is a key area for future Antarctic governance.Chapter three of the paper presents the sources of international law that can be applied to the construction of Antarctic marine protected areas,including general international law and the Antarctic treaty system,and analyzes the controversies over the legal basis,presenting the views of Russia and Ukraine.Chapter four of this paper examines the academic view that there is a clear legal basis for the establishment of Antarctic MPAs,that is,UNCLOS and the legal documents under the Antarctic Treaty System can provide a legal basis for the establishment of MPAs.However,there are still conflicts and shortcomings in these legal provisions that need further improvement to provide a legal basis for the establishment of Antarctic marine protected areas.Chapter five of this paper explores the view in academia that the legal basis for Antarctic MPAs is flawed,that is,the Convention on Biological Diversity and the Antarctic Treaty can only provide principle support for the construction of Antarctic MPAs,and that existing international laws and regulations are flawed and cannot serve as a legal basis for the construction of Antarctic MPAs.However,this does not deny the legitimacy of establishing Antarctic marine protected areas,and the establishment of Antarctic marine protected areas is still a key area for future Antarctic governance.Chapter six of this paper analyzes China’s position on the establishment of Antarctic marine protected areas.China recognizes the supporting role of legal documents such as UNCLOS and CMS for the construction of Antarctic marine protected areas,emphasizes that conservation measures for marine protected areas should be in accordance with relevant laws and regulations,and makes suggestions for China’s participation in the construction of Antarctic marine protected areas.Chapter seven of this paper is the concluding section.As a party to the Antarctic Treaty,China should actively participate in the construction of Antarctic marine protected areas,play a constructive role,and improve its voice in Antarctic affairs.