China's Position And Response To Participate In Negotiations Of Biodiversity Beyond National Jurisdiction

Biodiversity negotiations beyond national jurisdiction are major institutional changes in the oceans in recent years,and the development of new international agreements will further improve the current international ocean order based on the United Nations Convention on the Law of the Sea.In particular,in the protection of marine biodiversity,the establishment of high seas protected areas,the construction of marine genetic resources benefit sharing mechanisms and environmental impact assessment mechanisms,etc.,to fill relevant legislative gaps,to promote global ocean governance in a more fair and reasonable direction,to the fair of the world The sustainable use of the ocean provides institutional guarantees.At present,although the negotiations have made some progress and reached some consensus,due to the long-standing mistrust and conflict of interest between developing countries and developed countries,the establishment of high seas protection zones and environmental impact assessment mechanisms among countries There are still major disputes in terms of benefits and benefit sharing,and the negotiations still face many challenges and uncertainties.Therefore,the next negotiation must pay more attention to the principle of inclusiveness of benefit sharing and the principle of sustainable protection of ocean protection,so as to maximize the consensus of all parties,take care of the interests of all parties,and promote the early conclusion of the new agreement.As a member of the developing countries and a responsible big country,China should play a more active role in the negotiations,strengthen our country's right to speak on the international stage,safeguard the maritime rights and interests of China and the vast number of developing countries,and make the marine Sexuality is better preserved and sustainable.The full text is divided into four parts:The first part mainly introduces the relevant background and significance of the negotiation of marine biodiversity in areas beyond national jurisdiction.Although there are still major differences among countries on many core issues,after long-term coordination and consultation during the ad hoc working group and the preparatory committee,countries have reached a foundation in the main objectives,main directions and some core issues of the negotiations.Consensus and submitted to the UN General Assembly the final recommendations for marine biodiversity issues beyond areas of national jurisdiction,and finally officially opened the inter-country negotiation process in September 2018.The new internationalagreement can not only serve as a useful supplement to the United Nations Convention on the Law of the Sea,but also fill in the legal gaps in many aspects of the current national jurisdiction,and will also play a role in marine ecological protection,development and utilization of marine genetic resources,and maintenance of marine order.It plays an important role in formulating specific and effective codes of conduct for future marine activities and the use of marine resources.The second part introduces the main focus and controversy points involved in the negotiations.There are different propositions among countries on the issue of marine genetic resources,the issue of benefit-sharing,the issue of marine environmental impact assessment,and the construction of high-sea protected areas: some maritime powers tend to maintain the existing ocean order,emphasizing The establishment of systems should not conflict with the provisions of the existing legal system,nor should they interfere too much with the sovereignty of countries;while developing countries represented by the Group of 77 and China emphasize the importance of establishing a benefit-sharing mechanism.Actively promote the transformation of the existing ocean order in a more equitable and sustainable direction.These different claims reflect the interests of various countries on ocean issues.Although the purpose of the new international agreement is still the conservation and sustainable use of marine biodiversity,the parties must reach a final textual agreement.Many disputes and difficulties need to be resolved.The third part mainly describes the difficulties and prospects of the negotiation of marine biodiversity in areas beyond national jurisdiction.On the one hand,because the negotiations deal with the construction of a package of marine systems,the division of marine protected areas,the environmental impact assessment of marine activities,and the acquisition of marine genetic resources are likely to be internationally dominated by some of the current maritime powers.The order of the oceans has caused a huge impact,damaging the dominance of some countries in the oceans,thus inviting some maritime powers to oppose the construction of relevant institutions.Therefore,the negotiation process is also a game process between developing countries and some maritime powers.Especially in the acquisition of marine biological resources and the principle of freedom of the high seas,different interest groups must be able to reach a more consistent opinion after long-term interest coordination.On the other hand,with the increasing attention of the international community to the conservation of marine biodiversity,the international environmental protection forces represented by the EU and some non-governmental organizations areconstantly emerging.These international organizations and organizations strongly urge countries to cooperate and share in the marine ecology.Efforts have played a good role in coordination and promotion in the negotiations.Therefore,with the continuous deepening of negotiations and the promotion of international environmental protection forces,the controversy of the negotiating parties on the core issues is gradually moving closer,and it is very likely that they will achieve fruitful results for a foreseeable period of time.The last part puts forward some thoughts and suggestions on China's participation in the negotiation of marine diversity outside the national jurisdiction.First of all,China should actively uphold the status and integrity of the United Nations Convention on the Law of the Sea,while fully respecting the provisions of existing international treaties and focusing on the coordination of new international agreements with the existing system of international law.Secondly,in the construction of specific systems,China,as a developing country and a large ocean country,should actively promote the establishment of legal systems such as the high seas protected area system,environmental evaluation system and benefit sharing mechanism,and safeguard its own rights and interests of developing countries.Promote the international ocean governance system in a more fair and reasonable direction.Finally,as a responsible big country,China should effectively undertake the international obligation to safeguard marine ecological protection and promote the protection and sustainable use of marine biodiversity in areas beyond national jurisdiction.