Research On The Legal System About Protection Of Living Resources In International Seabed Area

With the development of seabed exploration technology and enhancement of human’scapability of exploitation and utilization of marine, protection of living resources withgreat value in the scientific research and business inhabit in the seabed has arousedwidespread concern of the international community.The legal system about protectionof living resources in international seabed area consists of the United NationsConvention on the Law of the Sea and the Convention on Biological Diversity, whereasanalyze the relevant provisions, both are insufficient in protecting these resources.Giventhe particular value of the living resources in the international seabed area, UnitedNations General Assembly, Food and Agriculture Organization of the United Nations,International Seabed Authority, and other international organizations and researchinstitutions are discussing how to enhance the legal system. Until now, the consensushas not been reached, but several solutions are provided by efforts from each side.Through analysis of possible approaches of enhancement the legal system, themodification of the United Nations Convention on the Law of the Sea, expanding the power ofInternational Seabed Authority, can effective protect the living resources in theinternational seabed area by mature international seabed area system, however, thisproposal was strongly opposed by developed countries, difficult to implement;strengthen the implementation of existing legal instruments, can save the negotiationcosts, but it can not fundamentally solve this problem; adoption of regional arrangement,may rely on closer links of Regional organizations to achieve unified protectionmeasures, however, there is still some defects such as inequality of management level,management organizations can not cover all the international seabed area ecosystem.Hence, the creation of a new legal system is an optimal choice to enhance the legalsystem about protection of living resources in international seabed area, and formulatean implementation agreement under the United Nations Convention on the Law of the Sea isthe best way to creat the new legal system. As to fierce conflicts in the legal issuesregarding protection of living resources in the international seabed area, the conclusionof the implementation agreement is doomed to be a long process, and protractednegotiations is inevitable.Therefore, take provisional measures before the birth of thenew rules, take a transition from guidelines which are short-acting to one legal bindingand long acting mechanism should be effective protected the living resources in theinternational seabed area. As a maritime country, China may also have a variety of activities to damage theexistence of the living resources in the international seabed area, while developingmarine resources beyond national jurisdiction. As a responsible country, China shouldtake effective measures to protect living resources in international seabed area.