Study On The Legal Framework And Management Mechanism Of The High Seas Biodiversity

Since the 20th century,with the development of science, economic and the depletion of land resources, biodiversity resources of the High Seas has increasingly become the focus of world attention. While the subsequent overfishing, illegal fishing, exploration of High Seas'mineral resources and other traditional human activities and scientific research of ocean, especially for the High Seas biological genetic resources research and development,and other non-traditional human activities, it has a serious impact on sustainable development of the High Seas biodiversity resources. This paper sorts the current legal framework and management mechanism of the High Seas biodiversity,and combines with the conflicts between nations about environmental rights and interests.After that,it treatises how to conserve and exploite the High Seas biodiversity reasonably from the views of legislation and implement of law. And expecting that it will be useful to protect and exploite the High Seas biodiversity resources better in current time.This thesis which consists of six parts systemically analyzes the current legal framework and management mechanism of the High Seas biodiversity and also showes a comparative analysis about the regulations of UNCLOS and CBD, and more over, it pointes out the weaknesses of the current law, after weighing all the relationship of interests, and puts forward constructive suggestions to build new framework and perfect management mechanism of the High Seas biodiversity.The first part introduces the background and the significance of the thesis, we are confronted with new situation in the new century, it is urge for us to pay attention to the protection of the High Seas biodiversity and their sustainable usage. In addition to that, the thesis summarizes the current study about the legal framework and management mechanism of the High Seas biodiversity.The second part mainly elaborates the origin and the dispute about the legal framework and management mechanism of High Seas biodiversity. As to this topic,nowadays, there exsists three different views, that is, establishing the new system, sustaining the existing system and combining the old system and the new system. After that, as to the management mechanism, the discussion is expanded from the following four directions:fishery management of the High Seas, management of International Deep Sea-bed Area, the foundation protection area of High Seas and the management of scientific research of ocean.The third part summarizes the existing legal framework and management mechanism of the High Seas biodiversity and weighes the framework of UNCLOS and CBD.Firstly,it commences from the pinciples and policies,which including some principles of General Assembly and several policies it adopted.Secondly,as to the legal framework,it expatiates the regulations of UNCLOS and CBD.At last,weighing the different regulations of UNCLOS and CBD,it is prepared for the next part.In part four,it discusses different positions of three interest groups on conservation of the High Seas biodiversity, including developed countries led by USA-Japan, developing countries represented by China and the EU on behalf of NGO.and analyzes the reasons of confliction from the view of nations interests.The fifth part makes the necessity and feasibility analysis of the establishment of new legal framework for the High Seas biodiversity.It puts forward three kinds of necessity:first,the need to make up for the framework; second,based on the North-South cooperation, the need for coordination of interests;third, the urgency of conservation of the High Seas biodiversity. And it also describes in detail to construct a reasonable framework with two possible new strategies and to improve management mechanism with the five measures.The last part is conclusion,of this paper, which pointes out the lack of the legal framework and management mechanism of the High Seas biodiversity,and proposes suggestions for improvements. Conservation and sustainable use of the High Seas biodiversity are coming into a new world.