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Conservation Of Biological Resources Of Areas Beyond National Jurisdiction

Posted on:2020-02-28Degree:MasterType:Thesis
Country:ChinaCandidate:H C TangFull Text:PDF
GTID:2416330578951067Subject:legal
Abstract/Summary:PDF Full Text Request
In recent years,with the progress of Marine development technology and the excessive consumption of Marine resources,the protection of biological resources outside the sea areas under national jurisdiction has increasingly become the focus of attention of all countries.However,the existing international law system lacks the regulation of international law on the protection of biological resources outside the sea areas under national jurisdiction,which leads to the unenforceable protection of biological resources in this region by all countries,with unclear rights and responsibilities,which has a negative impact on the diversity of biological resources outside the sea areas under national jurisdiction.This situation has gradually attracted the attention of all parties in the world,and targeted international legislation has been started to ensure the sustainable utilization of biological resources outside the sea areas under national jurisdiction.This paper intends to make an analysis of relevant international law issues concerning the protection of biological resources outside the sea areas under national jurisdiction and explore relevant legal issues.In addition to the preface and conclusion,this paper is divided into four parts:The first part defines the basic concept of the protection of biological resources outside national waters.Firstly,the legal scope of "beyond national jurisdiction" is defined from the perspective of international law,and the concept of "beyond national jurisdiction" is defined in a broad sense.Secondly,the definition of "biological resources" as the object of protection is analyzed,and the difference between them and traditional resources of international law is introduced.Finally,the concept of "protection" in international law and relevant methods are introduced.The first part explains the necessity of studying the legal issues related to the international law of "the protection of biological resources outside the sea areas under national jurisdiction" through the analysis of the concept.The second part focuses on the international law basis of the protection of biological resources outside the sea areas under national jurisdiction.Based on the existing international legal system and the agreement on the conservation and sustainable utilization of biodiversity outside the sea areas under national jurisdiction,the role of international legal norms in the protection of biological resources is discussed.The third part introduces the defects of the current international legal system concerning the protection of biological resources outside the sea areas under national jurisdiction.This defect not only exists in the legal system,but also exists in practice.The analysis of the defect points out the reasons for the study of international law on the protection of biological resources outside the sea areas under national jurisdiction.The fourth part puts forward Suggestions on the improvement of the law on the protection of biological resources in sea areas under the jurisdiction of the state.This paper believes that while improving the international legal system,China's legal practice and actual situation should also be combined to put forward countermeasures in line with China's national conditions,so as to help China better fulfill its international obligations in the protection of biological resources outside the waters under national jurisdiction,seize the opportunity of biological resources development,and safeguard China's maritime rights and interests.The author hope that through this article research,to comb the country outside the sea areas under the jurisdiction of biological resources protection mainly on the basis of international law,and in the process of combing the framework and contents of the legal basis for further analysis,in order to expound the defects of current protection system,the defects on the one hand,from the United Nations convention on the law,the convention on biological diversity and other international legal norms itself is not perfect,on the other hand from the parties in the process of the implementation of the relevant legal norms was flawed.This paper aims to combine the negotiation points of the agreement on the conservation and sustainable use of biological resources in the sea areas under national jurisdiction with the actual implementation of international law,put forward Suggestions on improving the above defects,and provide inspiration for China to participate in the protection of Marine biological resources.
Keywords/Search Tags:Sea areas under national jurisdiction, Conservation of biological resources, Basis of international law, Protection system
PDF Full Text Request
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