The Study Of The Legal Issues Of Marine Biodiversity In Areas Beyond National Jurisdiction

Marine areas beyond national jurisdiction(ABNJ),namely high seas and the international seabed area("the area")comprise 64%of the oceans.The marine living resources in ABNJ,especially marine genetic resources have great potential to utilize and develop.But the marine biodiversity in ABNJ has been at significant risk because of inappropriate human activities and deficient legal framework.This thesis analysizes some key legal issues relating to the governance of the biodiversity in marine ABNJ in order to have a comprehensive undersdanding and give some acceptable suggestions.As an introduction,Chapter 1 defines two key phrases of this topic-"Marine biodiversity" and "Marine areas beyond national jurisdiction" at the beginning,then explains why should we pay such great attention to conservation and sustainable use of marine biodiversity in ABNJ,that is,marine biodiversity of ABNJ has high value,especially in the field of medicine,industry and environment,and the interrupt from human activities has been a huge threat to marine ecosystem.This part also describes the legal status quo and identifies the main gaps.Chapter 2 analyzes the conservation of biodiversity in ABNJ.Basic principles in the law of the sea and environmental law set goals for conservation,especially the ecosystem-based approach and precautionary principle.Moreover,area-based management tool,particularly multifunctional marine protected areas have played its role effectively in ABNJ.In addition,environmental impact assessment is also a useful approach to maintain biodiversity,which should be applied in ABNJ.Chapter 2 expores the legal issues about the uterlization of marine genetic resources in ABNJ.Firstly,the legal status of this new kind of living resourses is unclear.It's still controversial on whether the marine genentic resources constitude "common heritage of mankind".Moreover,bioprospecting and the benefit-sharing is also crucial in this filed,especially how to make best use of interllectual property right to facilitate the benefit-sharing of marine genetic resourses in ABNJ.Chapter 4 deals with two types mechanisms for cooperation and coordination.The regional study here are focused on the Mediterranean Sea,North-east Atlantic and Southern Ocean as the three areas have established high seas marine protected areas.The global option is to establish an implementing agreement under UNCLOS.These two options mentioned above can promote each other rather than conflicting.Chapter 5 discusses this topic from the perspective of China.The marine biodiversity of ABNJ benefits China at least in political,economic and environmental fields.China has taken part in the discussion and preparation of the new implementing agreement under UNCLOS and expressed its standpoints.In the future,China should keep close cooperation to other countries and organizations on conservation and sustainable use of marine biodiversity of ABNJ.Meanwhile,domestic efforts on legal research and lawmaking should also be made.