Study On The Legal System Of Biodiversity Conservation In Areas Beyond National Jurisdiction Based On The Perspective Of The International New Agreement On BBNJ

With the rapid development of marine technology,human beings have begun to realize that there are huge biological resources of commercial and scientific value in the seas beyond the jurisdiction of the country that accounts for 64% of the total ocean mass.Because of inadequate management of biological resource use activities in the region,there is a risk of “tragedy of the commons”,which will be detrimental to the sustainable development of the marine environment and marine biodiversity.At present,the international community has conducted repeated discussions and negotiations on this issue and has not yet reached a substantive consensus.Based on the new BBNJ International Implementation Agreement,this paper conducts a comprehensive and in-depth research on the protection of marine biodiversity in areas beyond national jurisdiction.The introduction part includes the origin and significance of this topic,the status quo of the research on this issue at home and abroad,key concepts clarifying,and illustration of the negotiation process of new BBNJ international agreement,which lays the foundation for subsequent writing.The first chapter analyzes the connotation,characteristics and value of the biological resources outside the national jurisdiction(BBNJ).On this basis,it classifies and summarizes the main utilization activities of biological resources outside the national jurisdiction,and investigates the negative effects brought about by these activities,figuring out the dilemma of marine biodiversity beyond national jurisdiction.The second chapter sorts out the main international legal norms that are legally binding on the protection of biodiversity in areas beyond national jurisdiction,discusses the gaps and deficiencies of the existing international law framework for protecting BBNJ and clarifies the existing problems of current international law,which provides target for the development of the new BBNJ International Agreement in the future.Combined with the completed negotiations of the new BBNJ International Agreement in the introduction,the third chapter focuses on the discussion of different opinions of the three main interest groups represented by the US,Japan,the EU and the developing countries on BBNJ related issues,and analyzes the differences,rationalities and feasibilities among different viewpoints.It can be concluded that the fundamental reason for little progress in the negotiation of the new BBNJ International Agreement is the pending of the legal attributes of “marine genetic resources beyond national jurisdiction”.Combined with preceding analysis of existing problems of current international legal norms and the classification of the fundamental reasons for little progress of negotiation of the new BBNJ International Agreement,the fourth chapter puts emphasis on proving the advanced nature of the law,making “common heritage of mankind” as the definition of BBNJ genetic resources.Besides,under the premise of determining its legal status,it also puts forward that the concept of “community with shared future for mankind” facilitates the distribution order construction of international law of BBNJ genetic resources,for the sake of promoting the substantial progress of the new BBNJ International Agreement.The fifth chapter is based in China and proposes China's response to the issue of the BBNJ International New Implementation Agreement.China should adhere to the principle that BBNJ should be regarded as “the common heritage of mankind”,actively participate in relevant negotiations with the image of a responsible big country and strengthen cooperation with other stakeholders.During the transition period of negotiations,efforts should be made to improve the research capacity of BBNJ genetic resources,perfect the current international treaty implementation mechanism of BBNJ and fill the gaps and deficiencies of the domestic legal system,thereby enhancing China's voice in the negotiation of BBNJ international agreements,safeguarding Chinese deserved marine interests in the ABNJ region and protecting its marine biodiversity simultaneously.