International Legal Issue Regarding The Conservation Of Biodiversity Beyond National Jurisdiction

The early development of human society is limited by the low level of economy and science and technology,on the degree of recognition and exploitation of the ocean is also poor.With the rapid improvement of scientific and technological levels and economic conditions,the development and utilization of land resources have entered a bottleneck period,which has gradually been unable to meet the increasing needs of human development.Human beings began to realize the importance of the ocean,especially marine resources,to the survival and development of human society.Gradually increasing the degree of dependence on the ocean,human beings began to enter a new era of ocean development and launched a series of activities to exploit and utilize the ocean.64%of the vast ocean area is beyond national jurisdiction,which is rich in mineral and biological resources and has become a new focus of exploration and development in various countries.The discovery and enrichment of marine biodiversity beyond national jurisdiction have changed the traditional human cognition of deep-sea organisms and is of great value to the enrichment of biodiversity and the development of sea-related disciplines such as deep-sea biology,marine economics,marine geography and marine materials science,which have attracted the attention of all countries in the world.However,with the aggravation of population pressure and the progress of science and technology,the increasing demand for marine resources and the excessive exploitation of marine resources has led to serious damage to the marine environment.The stable and sustainable use of marine ecosystems and biodiversity in the marine biodiversity beyond national jurisdiction is at great risk.However,at present,there is no universal binding international law treaty regulating the exploration,development,utilization and protection of marine biodiversity beyond national jurisdiction,which is based on the different views of different countries on the legal attributes of biodiversity protection in areas beyond national jurisdiction based on their respective interests.There are different opinions on the legal attribute of biodiversity protection in the marine biodiversity beyond national jurisdiction.Developed countries believe that the legal attribute should be applied to the principle of freedom of the high seas",emphasizing first come,first served;while developing countries believe that it should be applied to the principle of "common heritage of mankind",that all countries have equal rights to develop and use,and that their resources should be shared by all mankind.Conflicting views on the nature of the law have led to the fact that there is still no effective framework of international law and international organizations that regulate their exploration and development,safeguard their legitimate rights and interests,to standardize the development and utilization,and avoid the phenomenon of "tragedy of the commons",the international community urgently needs to form an international law system for the effective control of the marine biodiversity beyond national jurisdiction,the marine biodiversity beyond national jurisdiction is closely related to regional mineral resources,and it also has the basic attribute of fair sharing,common interests of all mankind and common to all mankind.Therefore,it should be applied to the attribute of the "common heritage of mankind" in the process of exploitation and utilization.In this background,more and more international organizations and countries begin to pay close attention to the conservation and sustainable use of marine biodiversity beyond national jurisdiction,also have some meaningful practice.At the international level,international organizations represented by the United Nations General Assembly attempt to guide the establishment of agreements on the sustainable use of the marine biodiversity beyond national jurisdiction,and European countries have carried out the construction of high seas protection areas represented by the Mediterranean Paelos Marine Protection Reserve,which provides a useful reference for the implementation of the construction of high sea protection areas worldwide.As a developing country,China is under great population pressure and economic pressure,and its dependence on marine resources is also increasing gradually.In recent years,with the rapid development of science and technology and the improvement of economic strength,China has also carried out the exploration and development of deep-sea biodiversity and achieved certain results.The establishment of the international law order on marine biodiversity beyond national jurisdiction is conducive to the effective protection of China’s legitimate maritime rights and interests and the realization of sustainable economic development.It is inseparable from the realization of China’s goal of building a maritime power and promoting the concept of a community with a shared future in the ocean.In this context,this thesis attempts to conduct a systematic study on the international law of marine biodiversity beyond national jurisdiction,to provide theoretical and practical support for China’s participation in the international law negotiation process and the protection of legitimate maritime rights and interests.The introduction part of this thesis provides the foundation for the whole article construction by combing the background and research significance of the topic and the current research situation at home and abroad.By elaborating on the basic concepts and theories related to marine biodiversity beyond national jurisdiction,and clarify the properties and difficulties of marine biodiversity beyond national jurisdiction.In addition,in addition discriminates the current dispute on the property of the biodiversity in marine areas beyond national jurisdiction and points out that it should be defined as the common heritage of mankind.And then-summarizes the norms of international law concerning marine biodiversity beyond national jurisdiction.By analyzing the international justice,environmental justice,ecological justice,and the community of human destiny-the evolution of Marine fate community system analysis,the confirmation shall be outside the scope of the jurisdiction of the state of marine biodiversity international law in the process of negotiation and construction principles of implementing ecological disputes and Marine fate community concept,and on this basis,relevant international law should be built.Through comprehensive analysis,it points out that the current international law on biodiversity in marine areas beyond national jurisdiction is insufficient and put forward suggestions to improve the existing international law framework.Because of the existing international law framework,the author thinks that shall,based on the principle of human coinheritance property explicitly state the legal attribute of biodiversity in Marine jurisdiction outside of the protected areas through the existing high seas experience based on promoting the high seas worldwide reserves construction,forming a global network of marine protected areas,In addition,as the existing international law is insufficient in regulating the core content,advanced systems such as ecological justice concept and environmental impact assessment system should be introduced into the construction of relevant international law.At the same time,the concept of maritime community with a shared future should be taken as the value guide to improving the construction of relevant international law.Finally,in light of China’s own development needs,the author puts forward some suggestions on the current deficiencies in the legal construction and practice of biodiversity in marine areas beyond national jurisdiction.In the face of the current economic development,population pressure and multiple challenges of marine environmental protection,China should actively participate in relevant international negotiations,actively express and maintain the legitimate interests,improve scientific research ability,enhance civic engagement,fill the blank of the domestic laws and promote international voice in marine affairs and help China better participate in the competition for biodiversity in areas beyond national jurisdiction.The protection of the marine biodiversity beyond national jurisdiction is related to the sustainable development of human society,the solution of the problem,the formation of the concept of ecological justice,a community with a shared future for mankind and maritime community with a shared future are inseparable from the reflection of human society on the disaster caused by the dissimilation of the relationship between human and nature,It is of great significance to further improve the content of relevant international law and guide human society to carry out the protection of the marine biodiversity beyond national jurisdiction.It can effectively improve the relationship between man and nature,realize the sustainable utilization of Marine living resources and effective protection of Marine ecological environment,and contribute to the sustainable development of human society.