CCAMLR Management Mechanism Study Under Perspective Of International Law

Commission for the Conservation of Antarctic Marine Living Resources（C CAMLR）possesses distinctive particularity in governance aspect on conservatio n of Antarctic marine living resources,whose duty exceeds the one covered by some regular regional fisheries management organization in worldwide,but not a legal position as global fisheries management organization.On living resour ces conservation in the high seas,CCAMLR and UNCLOS are of nearly the s ame age,and the concept of marine living resources conservation synchronizes with a series of international legal instruments made in 1990s.“CCAMLR”is the study subject of this paper,wherein legal particularity on CCAMLR’s management to Antarctic ocean living resources would be identified through legal instruments carding on marine living resources conservation.Under perspective of international law and combined with international political science,environment protection science,management science and other multidisciplinary factors,certain existential insurfficiencies in CCAMLR practice are exposed and corresponding solutions are proposed accordingly in line with problems and challenges guiding among marine living resources conservation by CCAMLR via CCAMLR management operation and conservation measure decision and implementation.Based on carding and study of insufficiencies from CCAMLR,perspective insufficiencies on Antarctic ocean living resources conservation activities participated by China are listed in this paper,and proposal on domestic lawmaking,joining CCAMLR policy making and Antarctic ocean governance for China would be raised up correspondingly,which contributes to vision realization of China“Marine Community with a Shared Future”.Summary-Deduction structure is adopted in this paper,pervasive insufficiencies identification and specific insufficiencies study based on CCAMLR management mechanism are laid out respectively,wherein generic management measures,2 topics upon the most prominent conflicts and the utmost obstacles in CCAMLR,IUU（Illegal,Unreported and Unregulated fishing）and marine protection area construction are thereby elaborated.Generic conservation measures are specifically for pervasive management measures established by CCAMLR for marine living resources conservation,which covers the whole marine living resources system conservation based on fishing management with ecosystem approach,warning principle and universal cooperation principle adoption.Fight IUU is one global legal difficulty,CCAMLR has to do arrangement to exclude intervention in Antarctic ocean to realize its conservation target under ecosystem approach principle.Marine protection area is defined in the context of biodiversity and marine environment protection,which is treated as one new approach for marine living resources conservation.It is one leading try in living resources conservation field,but never been moved forward even though discussed frequently in annual meetings in recent years.CCAMLR’s international reputation is therefore seriously impacted.Except for basic legal matters under CAMLR and CCAMLR conservation system,each chapter starts from one CCAMLR sub-topic in line with respectiv e insufficiencies finding and solving,wherein:CAMLR is the basic legal instrument for Antarctic ocean marine living re sources governance by CCAMLR.Chapter One introduces background informati on of CAMLR making,CAMLR general information and CCAMLR’S duty ran ge to study the relationship between Antarctic Convention and CAMLR,further ly identify CAMLR’s independent factors.Ecosystem conservation approach,wa rning principle and universal cooperation principle would thereby be extracted f rom aforementioned work.Combining with global legal instruments,legal basis of those principles and function in Antarctic ocean marine living resources fie ld by CCAMLR are elaborated.Meanwhile,by study of CCAMLR convention and commission duties,review history of Antarctic ocean governance subject c ontroversy and card Antarctic sovereignty disputes,the legal character of CCA MLR commission and legitimacy and legality on Antarctic ocean marine resour ces conversation by CCAMLR are discussed thereby.CCAMLR has already developed one sophisticated and complete managem ent system on marine living resources conservation,which has been praised by international society as one classic model for the high seas marine living reso urces conservation,however,CCAMLR has also been doubted on“club govern ance”for public area by following Antarctic convention system.Chapter Two i ntroduces generic management measures based on CCAMLR management syste m,current valid key management measures have been classified and legal bindi ng force has been valued as well.For further study on classification of“conse rvation measures”of CCAMLR management tools and its formation mechanis m,conservation measures legal validity range is valued,the function on legitim acy and legality for CCAMLR policy keeping from“the best scientific informa tion”and its adviser scientific commission are discussed as well.Vagarous bet ween“marine living resources conservation”target and the definition of“ration al utilization”make members have different understanding and explanatory on convention conservation target,which are always the controversy points in rece nt annual meetings and the practical challenge convention faced to.Consensus philosophy requires all CCAMLR members unanimously supporting certain deci sions,which calls for compromise in membership and helps all parties promptl y to accomplish their duties,however,consensus overemphasizing leads to low efficient or stagnant on CCAMLR decision making,and political benefits exch ange products occurring time by time therein.The decision mixing with politic al factors but not science will damage the legality of CCAMLR’s high sea gov ernance.As for these matters,commission should consider basic legal support,expl icit the definition of“conservation”in convention,clear the balance between c onservation and rational utilization under context of CAMLR.Environmental pr otectionism is key topic in concurrent law of the sea,CCAMLR should not co nfine itself but redefine“conservation”with development perspective.Refocusin g on“the best scientific information”but not politics or economy as decision making standard should be key for legality on marine living resources measure by CCAMLR to exclude political suspicion.Optimizing consensus philosophy and separating procedure matter and substantive matter under convention on the basis of consensus philosophy are the preliminary issues for CCAMLR to exc lude obstacles on decision making.Fight IUU is global difficulty on economy,politics and law aspects,the principles of freedom in the high seas,exclusive flag sate jurisdiction,relativity principle of the treaty and fishing vessel flag of convenience phenomenon are the legal obstacles on this matter in international law of the sea.CCAMLR is not one specialized international organization against IUU,but it is a practical barrier to test the leadership on Antarctic high sea management for CCAMLR.Chapter Three is the summary of management measures adopted by CCARMLR against IUU including file seizing rules,IUU black list and VSM（Automated Satellite-Linked Vessel Monitoring Systems）.Function and insufficiency on port state and flag state are analyzed to find out legal basis on CCAMLR measures by carding global legal instruments against IUU,furtherly,reform on international cooperation,trade sanction and pursuance of legal support especially on soft law aspect for CCAMLR to establish a legal and leading position as one Antarctic ocean marine living resources governor are proposed.It is one extension on international cooperation for CCAMLR practicing universal cooperation principle against IUU.Soft law system application is one regular way as exception of contract privity principle.Trade sanction measure combining with suggestions on practice in marine environment protection under international law has significant reference value against convenience flag rules improper usage to circumvent supervision.CCAMLR’s task is marine living resources conservation.Conservation includes rational utilization.CCAMLR try to establish marine protection zone within convention area to realize conservation target since the beginning of the 21^st century.Chapter Four cards legal practices firstly in marine protection zone.Traditional freedom on the high seas is discussed under perspective of marine protection zone,therein the validity boundary classification way and reference factor are concluded among high sea protection zone and freedom on the high seas under traditional international principle.Furthermore,through relative legal instruments carding on the high seas protection zone by CCAMLR,the biggest obstacle in marine protection zone is that definition on law of the sea is not made in programmatic legal document of General Framework For The Establishment of CCAMLR Marine Protected Areas,certain legal basis is farfetched except for the confliction between marine protection area and rational utilization.CCAMLR is in global leading status on marine protection area work,however,current obstacles are still heavy,on one hand,many key matters are still unmentioned in signed General Framework For The Establishment of CCAMLR Marine Protected Areas,which provide rare legal supports in this field for CCAMLR,on the other hand,special geopolitical interest confliction in Antarctic ocean is misguided as one“marine enclosure movement”in marine protection area under conventional range;absolute application of consensus philosophy in decision making is the other system obstacle wherein marine protection area were discussed annually but none agreements achieved.Improving integrity basic legal system and establishing one further system coupling with Antarctic convention and detailing marine protection area management measures shall be the imminent work for CCAMLR under international law of the sea to support its development.The prompt promotion endeavor on new marine protection area before dose not attend to essentials,negative influence by this work is standard disunity of marine protection area establishment.Disorder in this field will be caused under one case one standard circumstance,annual member discussion opportunities are thereby wasted as well,moreover,retrogression may happen on CCAMLR marine protection area construction progress.Antarctic actives start rather late in China,Antarctic science research and Antarctic krill fishing are the main ones.China is CCAMLR member,but a la te joiner in Antarctic ocean marine living resources management.The concept on marine living resources exploring and conservation is rather late in China,b ut that does not impact her own pursue on establishment of international law o f the sea and the vision to implement her duty as one oceanic state.Chapter Five undertakes the carding work and reform approach for CCAMLR marine li ving resources conservation as aforementioned,Chinese current conservative,pa ssive and prompt follow role in CCAMLR are pointed out based on Chinese e xistence status,which does not comply with Chinese political pursuance of“M arine Power”establishment or factors realization of international law of the sea in Antarctic ocean of Chinese pursuance on“Marine Community”.Furthermor e,to respond Chinese marine strategy positioning,this chapter considers that C hinese domestic law on Antarctic marine resources conservation is insufficient and influence in CCAMLR forum decreases due to Chinese conservative attitud e.Law and Antarctic policy shall be made in China as soon as possible,Chin ese oceanic power influence borne in CCAMLR can thereby be shown up.