Study On Legal Mechanism Of High Seas Marine Protected Areas

The stability of the legal order and the change of the development of adaptation practice are always accompanied with the evolution of each legal system.To countries,the sea order established by the Convention on the Law of the Sea provides a stable framework for national marine boundary and their own marine rights,but after that,all the countries find that the state in the high seas is vacuum in some form.Just this,the high seas environment and biodiversity is facing a serious crisis.The domestic practice has proved effective for marine protected areas on the high seas can effectively solve the high seas environmental predicament,so High Seas Marine Protected Areas(HSMPAs)came into being.On the justice demands of protection of the high seas environment and biodiversity,HSMPAs is greeted by coastal countries,specially the great maritime powers,for their aspirations to expand power to high seas can be satisfied.The HSMPAs is not only selected certain areas in the high seas,but also the effective tool to protect the high seas environment and marine biodiversity,based on the systematic legal mechanism,so the establishment and perfect of the legal mechanism of HSMPAs is the international law guarantee for the smooth development of HSMPAs.In view of this,it is necessary to carry out international law study on the legal mechanism of HSMPAs.As far as the legal system of HSMPAs is concerned,it consists of three parts:establishment mechanism,management mechanism and implement mechanism.The establishment mechanism of HSMPAs is the basis of the whole legal system.According to international practice at present,HSMPAs is mainly established by the state alone or cooperated,by resolution in the international organizations and approved by international organizations based on proposal.HSMPAs can make the country to enjoy a certain degree of national jurisdiction in the high seas,indirectly promoting the interests of the coastal states,so it needs to specify the state power impulse in the course of establishment.Therefore the balance of power is necessary to be achieved by cooperation between countries,which can come true by a good interaction between states and international organizations.The management of HSMPAs is a complicated systematic project.The national interest is realized through the management of the protected areas in the high seas.In practice,HSMPAs is administrated by the founders,or by founders and external parties,or by founders and stakeholders in a integrated way.Whether the founder is a state or an international organization,the state can exert its influence on the management of the protected areas in various ways.In view of this,the management of HSMPAs using the integrated management mechanism is necessary,which can not only mobilize the international community of civilian force fully,but also ease the conflicts between countries competing to chase management power.The implement mechanism of HSMPAs is the security of the whole legal system.In order to prevent HSMPAs to become "paper parks",international community needs to give full play to improve the traditional flag state implementation;to improve the enforcement mechanism of members;to establish execution mechanism of members for non-members.Only in this way,HSMPAs can be expand to the wider open sea waters.The development of the legal system of HSMPAs will bring about great challenges for China,including the interests,the ability,the law and so on.According to the development of practice and theory of HSMPAs and its influence on China,China should pay close attention to and strengthen the research;improve the domestic practice and actively participate in international practice,and pay attention to the possibility change that HSMPAs may bring on the sea order,to seize the opportunity to maintain Chinese national interests.