Study On International Management Mechanism Of Marine Animals Protection

There are abundant biological resources in the ocean,which are the major support for life system on earth,and the most important food insurance for mankind.Many marine organisms have high developing and utilizing value.Marine fisheries are the dominant form of exploitation and utilization of marine biological resources,providing mankind with various resources of food and other uses.However,with the development of society and the progress of fishing technology,the overfishing,resource collapse and environmental damage are increasingly prominent.It is the hot topic that people pay attention to at present,and many measures have been taken.At present,people pay close attention to scientific conservation and sustainable utilization of marine biological resources and had taken many measures by maintaining of marine biodiversity and effective fisheries management.Nevertheless,the current international marine legal system is difficult to provide entire and valid protection for international marine animals.Therefore,it is significant to build more effective international management mechanisms to save those endangered marine animals.The multiple practices carried out by International Fisheries Management Organizations are essential which provided comprehensive consideration and judgment and may be able to get some inspiration.Therefore,based on the characteristics of marine animals and the fact of marine fishery production,this paper analyzes the impact of marine fishing activities on marine animal populations,and the relationship between marine animal protection and marine fishery management.Hence this paper would be a further enrichment of the current marine animal protection theoretical system and theoretical support for the healthy development of marine fisheries in China and the effective marine animal protection.Formulate and evaluate current marine animal conservation concepts,conservation measures,international legal systems,and management practices of major international fishery management organizations,and on the basis of this,the paper proposes a comprehensive thinking on international management mechanisms that are more conducive to the protection of marine animals.And provide a new idea and new perspective for the current development of international marine biological conservation systems and the participation of China in international management of marine animal protection,adjustment of oceanic fishery policies,and improvement of international compliance policies.The concepts of marine animal protection include animal welfare,the relationship between humans and marine animals,and the value of natural resources of marine animals.Since the beginning of the 21 st century,people's awareness of nature conservation,the harmonious coexistence of humans and nature,and the concept of caring for wildlife have reached a level of popularity in many regions.Focusing on ecology in decision-making has become the norm.Paying attention to the enjoyment of nature in life has also become a basic standard of happiness.The protection of marine animals has become an integral part of current social development and construction.Moreover,whether the welfare of marine animals,or the imbalance of the relationship between humans and marine animals,or the manifestation of the value of natural resources of marine animals,the factors of fishing in marine fisheries have been flooded with them and have played an important role.Just as hunting activities are first to be managed in terrestrial animal protection,fishing activities must be managed first in the protection of marine animals.Only when the management of marine fisheries is in order,the welfare of marine animals,the balance between humans and marine animals,and the protection and utilization of the values of marine animals can be truly alleviated.The source of international law for the protection of marine animals includes both traditional international treaties and customs,i.e.,important international treaties,as well as relevant basic principles,judicial precedents,resolutions and declarations of international organizations,etc.In terms of international treaties,since the end of the 19 th century,the international community has successively formulated a number of global and regional treaties related to the protection of marine animals.They have played an important role in the conservation of marine animal population resources,control of marine fishing activities,and protection of marine animal habitats.The resolutions,declarations,and guidelines of international organizations include the declaration of the Global Conference on the Human Environment,the Code of Conduct for Responsible Fisheries and the International Plan of Action,and the UN General Assembly Resolution on the Prohibition of Large-scale Gillnetting on the High Seas.The basic principles of international law for the protection of marine animals mainly include the principle of free fishing on the high seas,the principle of sustainable development,the ecosystem approach and the precautionary principle.They are developed at different historical stages.And have played different roles in the development,management and conservation of marine living resources.Eight international cases related to the protection of marine animals can be divided into early arbitration,international maritime law court judgments,international trade disputes,International Court of Jurisprudence.All in all,the development and progress of the international law on the protection of marine animals is inseparable from the advancement of the marine fishing industry and the development of marine animal protection concepts.International organizations for marine animal conservation include global organizations(UN,FAO,IWC,etc.),regional organizations(CCAMLR and RFMOs),and non-governmental organizations(IUCN,WWF,etc.).These organizations have formed a management system that is independent from each other and can be closely linked.The fields cover scientific research and intelligence gathering,international policies and action plans,trade restrictions and codes of conduct,and other aspectswhich have been promoting the formation of an international regulatory framework for marine animal protection.The establishment of marine protected areas,artificial breeding and release,restoration of habitats,trade restrictions,and control of marine fishing activities are the main contents of current marine animal protection.Since the development of the conservation system of marine biological resources,the protection of marine animals has been continuously developed along with the evolution of international ocean law,environmental law and various international organizations.There are close interactions between marine animal conservation and international fishery management organizations.It can be said that the development and operation of the entire international management framework for marine animal protection has basically been accomplished through the management of marine fisheries.The International Fisheries Management Organization has become the most important mechanism for adjusting the national fisheries relations,allocating fishery rights,and maintaining the order of marine fishery production.The implementation of conservation and management of marine biological resources through international fishery management organizations is the most significant feature of current international fishery management.In the field of marine animal protection,international fishery management organizations are playing important roles,and the most direct manifestation is the formulation of its multiple legal systems,executives,and supervisors.As the increased importance attached to the protection of marine animals by the international community and coastal countries,international fisheries management organizations will play a greater role in reducing the impact of marine fishing on marine animals,protecting the habitat of marine animals,and protecting the marine environment.In the future,the International Fisheries Management Organization will be the forefront of balancing marine fishing and marine animal protection.The success of various types of management measures they carried out will directly affect the development and improvement of the international fishery management system and the international legal system for marine animal protection.In practical terms,the organizations with strong influence and execution and close ties with China,such as FAO,IWC,CCAMLR,ACAP,IATTC,ICCAT,IOTC,WCPFC,etc.,have carried out many decisions related to the protection of marine animals,technical measures and cooperation practices between different organizations.These practices are mainly aimed at the damage,entanglement,accidental capture,and mixed capture of sea turtles,seabirds,sharks,marine mammals,etc.which are widely found in marine fishery fishing activities.The main features are: emphasis on the application of the ecosystem approach,mandatory data collection and sharing,encouragement of scientific research and technology promotion,emphasis on the conservation of marine animals on the ground,and emphasis on compliance implementation of the system.These characteristics not only reflect the responsibility of the international fisheries management organizations in the international marine biological resources conservation system,but also are the development requirements of the international legal system for the protection of marine animals.There is a mutual promotion,complementarity and mutual restriction between marine animal protection and marine fishery management.In the process of the development of international marine resources laws,there is a close mutual promotion between marine animal protection and marine fishery management,which promote each other's development and progress.Complementary effects are reflected in the complementarity of executive power and the superposition of benefits from institutional measures.Because of the fundamental differences in their respective concepts and goals,there are also many limitations in their practice.These restrictions often occur in the protection and management of economical marine animals.A balanced state of conservation and sustainable development of marine animals that they have common direction for future development.The key points for improving the international management mechanism of marine animal protection are: to strengthen the harmonization between different treaties and different organizations;to focus on the close relationship between marine animal protection and marine fishery management;to strengthen the improvement of data collection mechanisms for marine animal protection and marine fisheries fishing activities;in particular,to learn from the successful practices of international fishery management organizations.The plan for the formulation of a unified convention on the conservation of international marine living resources or the establishment of a specialized agency of the United Nations for the conservation of marine living resources,is indeed possible to effectively coordinate and harmonize the overlapping,conflicting,and unbalanced issues of various current treaty systems and international organizations,but the possibility of achieving them in the short term is minimal.The status quo of coexistence of multiple treaty systems and the common management of various types of international organizations will exist for a long time.The establishment of the widest possible cooperation mechanism among different countries and organizations is the focus of current and future development.In terms of strengthening compliance with implementation and national responsibilities,the most critical thing is to increase the relevant international documents with a wide range of recognition to international practices that have legal force and certain compulsion,strengthen the data collection mechanism for marine animal protection and marine fisheries fishing activities.The transparency of the fisheries proposed by the FAO is worth considering.For the construction of marine protected areas(especially the establishment of protected areas on the high seas)and the implementation of trade restrictions or sanctions on a country or region,we must proceed cautiously on the basis of equal international cooperation.The following four points can be used to improve the current international management mechanism for marine animal protection: Guided by the development of marine animal protection concepts,the existing international legal norm system will be improved;Based on international cooperation,establish a complete coordination and dispute settlement mechanism;Rely on relevant practices of international fishery management organizations to enhance the implementation of relevant international treaties;Pay attention to the insitu conservation of marine animals and appropriately develop ex-situ conservation measures.China is a major fishing country in marine fisheries,and its marine fisheries fishing output ranks first in the world for a long time.China has gradually established a relatively complete marine fishery management system and marine animal protection mechanism since the 1980 s,but there is still a long way to go comparing with the development of developed countries and international marine fishery management systems.However,China is not only a big country in fishing industry,but also a big country in pelagic fishery.The development and perfection of the international legal system for the governance of international marine fisheries and marine animal protection should have discourse and participations of China.The suggestions for the improvement of the international management mechanism for China's participation in marine animal protection are: Renew the concept to enhance the people's awareness of marine animal protection;Improve the legal system and form a complete marine animal protection mechanism;Build mature cooperation mechanisms,participate in or lead common management;Actively participate in international governance and enhance the right to speak.They can enable China to better fulfill its international obligations and national responsibility for the protection of marine animals,as well as promote the progress and improvement of international management mechanisms for the protection of marine animals.