| In recent years,with the improvement of human deep-sea exploration level,countries outside the scope of the jurisdiction of the deep ocean biodiversity as a new type of Marine resources gradually known by people.The discovery of abyssal biodiversity has changed.Series of low(or high temperature)dead,no light,toxic,environment of understanding,deep sea floor.Content of resistance to low temperature(or temperature),poison resistance,resistance to such traits as dark greatly enriched the biological gene pool,In the human health,industry,environmental protection and other fields has great application value.Therefore,caused the international club Will be attention,also produced great controversy.Developed countries think that national jurisdiction outside deep sea floor.The development and utilization of biodiversity shall be based on "the principle of freedom of the seas" and allows countries to free development;The development of Outside the jurisdiction of the countries insist that state abyssal biodiversity is another human after the "zone" Common heritage of all mankind.Currently with the national jurisdiction outside abyssal biodiversity relevant international conventions,whether it is the United Nations Convention on the law of the sea or the "convention on biological diversity" has not been in a state deep seabed outside the jurisdiction of the student.Biodiversity problems to make that clear.Therefore,the existing international legal framework can not be.Abyssal biodiversity outside the jurisdiction of the national legal attribute is the study of the legal regulation of the most basic problem,is the foundation of the development,use and protect the resources.This paper argues that countries outside the scope of the jurisdiction of the deep sea floor biodiversity has the similar properties as "region" and its resources,its nature also shall be for the human common heritage,for all mankind,for the common interests of mankind,especially used for peaceful purposes and the characteristics of the fair share interests.In such a premise,the human need to share state jurisdiction outside abyssal interests brought by the development and utilization of biodiversity,and share the responsibility to protect and preserve the responsibility for the common human heritage.Based on the abyssal biodiversity outside the jurisdiction of the national common human heritage properties,this paper from two aspects of Shared interests and Shared accountability for its legal regulation is studied,respectively,abyssal biodiversity outside the jurisdiction of the state development and utilization,abyssal biodiversity outside the jurisdiction of the state protection and preservation.Part in the development and utilization,this paper puts forward to set up the access system,the intellectual property system and the system of benefit sharing.Through the establishment of the access system for deep sea floor monitor the development and utilization of biodiversity;Through the establishment of the intellectual property system to stimulate the development and utilization of the generation of benefits;And through the benefit sharing system can ensure that comes from common heritage of mankind’s benefit was Shared by all humanity.Part in the protection and preservation,on area,this paper claims the subject and the concrete behavior in order to establish the protection system of regulating object,namely,to establish special Marine reserves,Marine scientific research code of conduct and environmental impact assessment,and to form a comprehensive range of integrated protection mode.In China as an increasingly important powers in the position in the international affairs,in the abyssal biodiversity outside the jurisdiction of the relevant countries if there is no clear position in the international agenda and the concrete countermeasures,not only will affect China’s maritime rights and interests,but also conducive to the establishment of the image of a responsible big country.Therefore,this article finally proposed our country future abyssal biodiversity problems outside the scope of the jurisdiction of the state on the strategy selection and development path. |
