Research On The Conflict And Coordination Between The Marine Protected Areas On High Seas And The Freedom Of High Seas

The marine protected areas on the high seas,based on the protection of the Marine ecological environment and marine biodiversity,have become the focus of discussion in the international community.There are already a number of high seas,areas where high seas protected areas have been practiced and some achievements have been achieved.However,the high seas protected area,as a legal and normative system for new students on the high seas,will inevitably clash with the existing legal regime in the high seas-the freedom of the high seas.This article will elaborate and explain the freedom of high seas protected areas and the high seas,and then focus on the analysis of the conflict between the two and find a way to coordinate the conflict.Based on the above questions and contents,the text of this paper is expounded by four parts respectively.The first part is an overview of protected areas on the high seas and freedom of the high seas.This Part obtains the definition of high seas protected area through comprehensive analysis of the production course of the high seas protected area,and then the development situation of the high seas protected area in the international community.According to the practice of the marine protected areas on the high seas of the two modes of practice.The evolution of freedom of the high seas was then elaborated.Finally,the relationship between protected areas on the high seas and freedom of the high seas is both linked and conflicting.The second part is the conflict between protected areas on the high seas and freedom of the high seas.This Part analyses the conflict between the marine protected areas on the high seas and the freedom of the high seas,and points out that the conflict forms of the two are mainly expressed in the concept,content and jurisdiction.It is concluded that the conflict between the two is mainly due to the lag of the UN Convention on the Law of the Sea and the development of global governance.The consequences of the conflict are bound to have an impact on the interests of the international high seas at this stage,but at the same time the reasonable resolution of the conflict will promote the maturity of their respective systems,so that the future management of the high seas and the distribution of benefits more perfect.The third part is the coordination between the marine protected areas on the high seas and the free seas conflict.This part considers the conflict between protected areas on the high seas and freedom of the high seas to be coordinated.The basis of coordination is the faithful fulfilment of the principles of international law and the principles of international cooperation,as well as the provisions of treaty obligations.The direction and path of the conflict coordination between the two can be divided into the global regulation of unity and the fragmentation of regional management.Different coordination paths correspond to different modes of coordination,including the establishment of new international implementation agreements,the deepening of international regional cooperation and the improvement of the legal system of protected areas in the high seas.The forth part is the influence and suggestion that our country faces.This section describes the impact on China of the high Seas environment in protected areas on the high seas and in the context of the free sea conflict.The impact of existing high seas protected areas on the use of high seas resources and technology,finance and management,and the promotion of our country's international status,and the negative impact of our rights under the current freedom of the high seas.Our country should be able to ensure that the interests of our country should be safeguarded and the corresponding obligations on the marine protected areas on the high seas should be borne.This part proposes to safeguard the maritime rights and interests of our country by participating in the Regulations of the marine protected areas on the high seas,joining the regional high seas protected areas and perfecting the domestic legislation of the marine protection area.China's high seas interests involve more benefits.Under the concept of maritime power,we should balance the relationship between the marine protected areas on the high seas and the freedom of the high seas,while ensuring the interests of our current high seas under the freedom of the high seas,China should actively participate in the construction of the system of high seas protected areas so as to consolidate and develop China's rights and interests in the national waters.