Under The Agreement For The Conservation Of Biodiversity In Seas Beyond National Jurisdiction Legal Challenges And Responses To Area-Bases Management Tools

In terms of problem awareness,this thesis will elaborate on the existing problems in the waters outside the scope of national jurisdiction.In view of the deteriorating quality of the marine environment,marine resources are in urgent need of protection,but the relevant marine protection system is absent,and the existing marine legal governance system is loose and weak,which caused the dilemma of marine protection.First of all,the marine environment urgently needs to be protected.Areas beyond national jurisdiction（abbreviated as ABNJ）,which account for 65%of the global ocean area,are well-known marine treasures.However,the status quo of areas outside the scope of national jurisdiction is not optimistic.According to the report issued by the International Union for Conservation of Nature（abbreviated as IUCN）,the marine ecosystem in this area is due to the increasing frequency of humans、fishing activities,plus the impact of successive changes in the earth’s climate,have been decreasing year by year.Second,there are gaps in the legal system for marine environmental protection.Environmental protection in sea outside the scope of national jurisdiction is facing the challenge of lack of law.The current practice of environmental protection of high seas and ocean resources management and protection is mostly carried out,but local areas are the main units,and there is a lack of unified protection standards and management measures.This kind of "spot coating" protection causes the high seas marine protection system has not yet been implemented.In response to this situation,the United Nations proposes to formulate an international agreement on the protection of marine biological diversity of areas beyond national jurisdiction（abbreviated as BBNJ）,aiming to provide timely management and protection of marine biological resource diversity for the guidance of the systematic standardization of the existing marine legal protection design.This instrument mainly deals with the topics identified in the package of matters agreed in 2011,namely,the access to marine genetic resources and the sharing of benefits,including area-based management tools（abbreviated as ABMTs）,environmental impact assessment,capacity building,and Technology transfer and other arrangements.Among them,ABMTs are the key tools for the new international instruments to achieve the long-term conservation and sustainable use of marine biodiversity,and are critical to coping with the impact of human activities and climate change and their cumulative effects.The legalization of ABMTs will not only provide effective protection of marine ecological resources,but also affect the existing marine order and pattern.Therefore,how to put forward a Chinese plan that is conducive to our country’s development in the process of making this law is very important.Here,this article analyzes the legal definition of regional management tools by combing the current international legislative practice,starting from the two aspects of connotation and extension,and clarifying the legal meaning of this concept.At the same time,through the method of comparative law,the current practice of marine protection in different regions of the world is sorted out,and the application of existing marine tools is summarized.On this basis,it summarizes the important issues facing the current international community’s negotiations,including the conflicts between ABMTs on the existing international law theories-the principle of freedom of the high seas-and the shocks between maritime practice and the coastal state’s claims on the right of adjacency,also the legal issues that traditional maritime powers use to consolidate maritime hegemony.In response to the above-mentioned problems,this article proposes corresponding ideas,including adapting the theoretical and practical impacts of ABMTs on current international law through the principle of "due consideration",and regulating the traditional hegemony of existing maritime powers through the design of reasonable and scientific legal models.Emphasize the principle of scientific evidence in the legislative process to ensure the democratic and scientific nature of legal norms.After resolving the above-mentioned problems,proceeding further from China’s position,we will make relevant suggestions for our country’s participation in ABMTs negotiations and formulating a Chinese plan that is in line with Chinese fundamental national interests and maritime rights.