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The Influence Of The High Seas Marine Protected Areas On The Principle Of Freedom Of The High Seas

Posted on:2019-12-03Degree:MasterType:Thesis
Country:ChinaCandidate:C YanFull Text:PDF
GTID:2416330548451712Subject:International Law
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With the increasing ability of human activities to explore the oceans and the range of activities is expanding,the marine environment and biological environment of the high seas have changed dramatically.Due to the long-term development model of "Pay more attention on economic interest than on protection",the ecological environment of the high seas is becoming more and more serious.The original protection of single species and the protection of specific pollution can not meet the needs of comprehensive protection of the ecosystem management.In response to the plight of the environment and resources on the high seas,the initiative to establish the high seas protected areas has been put forward and the practice is increasing.Once the high seas protection area was put forward,it was questioned by the international community that the area designated on the high seas and exercised by the specific international organizations or countries in the right to manage it.The environmental protection group,which is composed of the more developed EU Member States,vigorously promotes the construction of the high seas protected areas,while there is also some countries such as Norway argue that it violates the traditional freedom of the high seas.The mainly current legal basis of the high seas protection zone is international treaties,including global international treaties and regional international treaties.But the relevant provisions of high seas in international treaties such as United Nations Convention on the Law of the sea cannot provide direct and adequate norms of international law for the protected areas of the high seas.The biggest limitation of the regional international treaty is its relative effectiveness,which makes it impossible for third parties to set the obligation to adopt environmental protection measures in the protected area.In addition,the informal international legal documents and other international legal documents,such as the resolutions of the international organizations,play the role of "soft law".The principle of freedom of the high seas is one of the core principles of the modern high seas system.After analyzing the legal system related to the high seas protection area in the existing international law system,we comprehensively consider the current practice of the high seas protection area and its influence on the principle of freedom in the high seas,this article puts forward suggestions for the development and improvement of the international legal system of the high seas protection zone.The main body of this article is divided into five parts.Part I overview of the two basic concepts and the related extension of the public sea protection zone and the principle of freedom of the high seas.The basic connotation of the high seas protection area and the background of the high seas protection area are defined.The high seas protected area discussed in this article refers to the protected area that protects the biological resources and biodiversity of the overlying water bodies in the high seas.Part II analyze and sort out the existing international legal system and related sources related to the high seas protection area,including global international treaties,regional international treaties,global international organization resolutions and related soft laws.Part III analyze the existing practice public seas protected areas,summarize the different attitudes and positions of the major countries in the international community to the high seas protected areas,leading to the main reasons for the dispute,that is,the relevant international law system of the high seas reserve is not yet clear,and the framework of the overall international law has not yet been established.Part IV study the impact and impact of the practice of the high seas protection zone on the principle of freedom of the high seas.To further discuss the connotation of the principle of freedom of the high seas and explain the great and closely linked parts of the principle of freedom of the high seas and the protection area of the high seas.By comparing the practice content of the high seas protection area with the free principle of the high seas,this paper analyzes the influence of the practice of the high seas protection area on the principle of freedom of the high seas from several aspects,such as freedom of navigation,freedom of fishing,and freedom of scientific research.Part ?combie the establishment and evolution of the principles of international law and the development of legal ideas,from two points of view,the theoretical basis and the practical path.Through the international practice,the construction of high seas protected areas can be developed,so that the construction of relevant systems is in line with the spirit of international law.
Keywords/Search Tags:high seas marine protected areas, the principles of the high seas freedom, Modern high seas system
PDF Full Text Request
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