The Law Research On The Biodiversity In Deep Seabed Beyond National Jurisdiction

Beginning in recent years, with the development of science and technology in deep-sea exploration, people has recognized a new kind of marine resource, which is the biodiversity in deep seabed beyond national jurisdiction. The discovery of the biodiversity in deep seabed has changed the traditional view that there is no life in the cold/hot, dark, poisonous environment, and the distinctive features of the biodiversity in deep seabed will enrich the gene resources of mankind and contribute to medicine, industry. etc.Because of its value, the international community has become concerned to the new field and different countries have different views on this problem.Some developing countries have argued that the biodiversity in deep seabed beyond national jurisdiction is the common heritage of mankind and therefore the benefits derived from it must be shared among all nations. On the other side, some developed countries press to maintain the status quo of open access to the bed of the high seas.Nowadays, whether UNCLOS and CBD, or other international laws about the biodiversity in deep seabed beyond national jurisdiction has no definite regulations. Therefore, there are no international laws to regulate this marine resource effectively and no international organizations to manage it comprehensively. The international community, especially the developing countries, need the international rules to regulate the biodiversity in deep seabed beyond national jurisdiction.The legal character of the biodiversity in deep seabed beyond national jurisdiction is the base to solve the problem. In this paper, the author believes this resource is another common heritage of mankind besides the Area, so people all over the world should enjoy the benefit from it and bear the responsibility of conservation.Based on its legal character, the author tries to formulate the legal system to utilize and protect the biodiversity in deep seabed beyond national jurisdiction. At first, the author suggests to adopt license, intellectual property and benefits-sharing to exploitation. License will regulate the course of exploitation, intellectual property will stimulate creation, and benefits-sharing will help all nations share the benefits from the biodiversity in deep seabed beyond national jurisdiction equally. Then the author proposes marine special reserve, voluntary codes of conduct and environmental impact assessment will be necessary to conserve the biodiversity and environment in deep seabed beyond national jurisdiction.China is a large developing country whose influence in the world has improved obviously. If we have no concrete suggestions in this problem, whether our interest in the high seas or our national image of responsible great power will be impaired. Therefore, in the end of the paper, the author takes proposals on the biodiversity in deep seabed beyond national jurisdiction for China.