Study On The Issue Of Coordination Between The High Seas Protected Areas And Freedom Of Fishing

High seas protected areas have gradually become a hot topic in the law of the sea.As a management tool to protect high seas biological resources and diversity,high seas protected areas mainly maintain and manage biological resources in specific high seas areas.As one of the most important principles in the high seas system,the principle of freedom of the high seas,especially the freedom of fishing on the high seas,will inevitably conflict with some contents of the high seas protected area system.The purpose of this dissertation is to analyse the conflict and contradiction between high seas protected areas and high seas fishing freedom in theory,and put forward corresponding measures to solve the conflict and contradiction between them,so as to put forward corresponding legal suggestions for China to participate in the establishment of high seas protected areas in the future and to deal with the conflict and contradiction between them.Through consulting many Chinese and English literatures,this dissertation makes a thorough analysis of the conflict between high seas protected areas and high seas fishing freedom by means of comparative study,empirical analysis,systematic analysis and inductive methods,explores the causes of the conflict and proposes coordinated solutions.The main contents of this dissertation include five chapters.The first chapter starts with the basic theories and concepts concerned and clarifies the definition of high seas protected areas.It should be noted that the definition of high seas protected areas in this dissertation excludes the international seabed areas and only involves the discussion of the high seas body.This definition serves as the basis for discussing other issues later.At the same time,it introduces the high seas fishing freedom system from the perspective of international law,and introduces the changes of the status of high seas fishing freedom as a whole,which paves the way for the legal analysis of the conflict between high seas protected areas and fishing freedom.Chapter II mainly combs and analyses the causes of conflicts between high seas protected areas and fishing freedom from four aspects.Chapter three will mainly analyze the conflicts between the establishment of high seas protected areas and fishing freedom from the perspectives of international conventions,agreements,typical regional conventions and international soft law.On the one hand,it can draw the basis of international law for the establishment of high seas protected areas,on the other hand,it summarizes the legal regulation of high seas fishing activities.Combining the two aspects,the dissertation systematically summarizes the manifestations of the conflict of laws between high seas protected areas and fishing freedom.Chapter IV mainly discusses how to coordinate the conflict between the high seas protected areas and the freedom of fishing in the high seas from two aspects:the principle of international law and the specific ways of coordination.The fifth chapter will be based in our country.It mainly summarizes some legal regulations on fishing activities in our country,and suggests three specific measures we can take under the development trend of high seas protected areas.