Study On The Application Of International Law Norms For The Protection Of Biodiversity In The International Seabed Area

With the development of the times,the increasingly depleted land resources have been unable to meet the growing social needs of human,marine resources began to become the source of human exploration for new economic benefits.But at the same time,the destruction of marine ecological environment caused by these exploration activities should not be ignored.Oil exploitation,fishing and mineral resources exploitation had caused great damage to the marine environment,as well as to biodiversity.In order to protect biological resources,the international community usually applies relevant general principles and policy documents,legally binding instruments such as conventions,treaties and regional legal instruments and arrangements to regulate their exploration and development.Among them,the United Nations Convention on the Law of the Sea,signed in 1982,provides the legal framework for the settlement of international maritime disputes.However,although the United Nations Convention on the Law of the Sea defines the international seabed area regime,it emphasizes the provisions on the exploration and development of marine mineral resources,and there is no specific regulation on the utilization and exploitation of biological resources.In order to remedy the imperfections of the United Nations Convention on the Law of the Sea in the sustainable use of biological resources,the Convention on Biological Diversity has proposed a series of landmark institutional measures for the sustainable use of living marine resources,However,these measures are limited to biodiversity within national jurisdiction protection,the Convention does not provide for biodiversity in areas beyond national jurisdiction.And because of the early establishment of existing norms of international law,the value of biodiversity in the international seabed area has not yet been highlighted,coupled with the fact that the provisions of the international seabed area regime touch upon the interests of developed countries and have been subject to constant compromise and consultation,Form existing international norms.Therefore,the existing norms of international law still exist difficulties in the protection of biodiversity in the international sea area:(1)there are gaps in jurisdiction;(2)the compulsory binding force of soft law is lacking;(3)the development system of "area" is controversial.Whether the United Nations Convention on the Law of the Sea or the Convention on Biological Diversity and other norms of international law do not provide a definitive international legal framework for biodiversity protection in international seabed areas beyond national jurisdiction.Based on this,this paper proposes to expand the jurisdiction of the International seabed Authority,strengthen the binding force of the existing international legal norms,adopt international agreements and short-term management measures,and so on.At the same time,according to the present situation of our country,it is put forward that our country should strengthen the connection between the domestic law and the existing international conventions,and participate effectively in the strategy of formulating the BBNJ international agreement.