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International Law Regulation High Seas Protected Areas

Posted on:2021-01-29Degree:MasterType:Thesis
Country:ChinaCandidate:T F XinFull Text:PDF
GTID:2416330602964635Subject:Law
Abstract/Summary:PDF Full Text Request
At the end of last century,various sovereign states started to fight for the commanding heights of maritime rights and interests,continuously deepened the research on various living or non-living Marine resources,and expanded the depth and breadth of Marine exploitation and utilization.In recent years,there has been a new round of sea power struggle characterized by the establishment and management of high seas protected areas.Based on the above international realities,this paper,from the perspective of public international law,conducts a specific study on the high seas protection zone by consulting the existing domestic and foreign academic literature and relevant resolutions in the international law practice of the high seas protection zone,and analyzing the research results of domestic and foreign scholars on the high seas protection zone.In addition to the introduction and conclusion,the paper is divided into the following five parts:The first part mainly introduces the basic information of the high seas protection zone,defines the high seas protection zone by defining the high seas protection zone and Marine protection zone,and expounds the background and influence of the establishment of the high seas protection zone.The importance of the high seas and the serious pollution and resource depletion justify the establishment of high seas protected areas.The establishment of the high seas protected area will have different influence on the principle of freedom of the high seas and sovereign states.The second part analyzes the present situation of international law regulation of high seas protected areas and puts forward the existing problems.Based on the analysis of the global or regional international treaties and resolutions of international organizations,this paper points out that the existing international laws and regulations of high seas protected areas have some problems,such as the lack of uniformity of international laws and regulations,the inconsistency of selection standards and the obvious characteristics of "soft law".The third part mainly discusses the international law practice and existing problems of high seas protected areas.Focus on four important and typical representative of the establishment ofnature reserves and management practices: the Mediterranean sent the glass on the high seas reserve,south Orkney islands south of the continental shelf,the high seas reserve reserves network,Ross,northeast Atlantic high seas on the high seas reserve,and puts forward the problems existing in the practice,the parties failed to reach a set rate of the high seas reserve,the management institution binding decisions in the implementation of the limited,the lack of an international watchdog,etc.The fourth part,in response to the questions raised in the second and third parts,proposes the way to perfect the international law regulation of high seas protected areas,which is also the innovation of this paper.Specifically,it includes the following aspects: the addition of mandatory provisions in treaties,the emphasis on the role of international organizations in resolutions,the formulation of international norms for the development of Marine resources,the unification of standards for the designation of protected areas on the high seas,the strengthening of the binding force of regulatory bodies,the establishment of international supervisory bodies,and the strengthening of international cooperation among subjects of international law.The fifth part combines with the practice of China's participation in the high seas protection zone and puts forward the strategy of China to deal with the high seas protection zone.China should carry out special legislation on protected areas,strengthen strategic research to meet challenges,and actively participate in international cooperation on the establishment and management of protected areas on the high seas.This paper attempts to fill in the blank of international law regulation of high seas protected areas,improve the international law regulation of high seas protected areas,and put forward the strategies for China to deal with high seas protected areas,so as to maximize the benefits of China in the establishment and management of high seas protected areas.
Keywords/Search Tags:high seas protected area, international law regulation, practice of international law, freedom of the high sea
PDF Full Text Request
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