A Study Of Mainly Legal Disputes In The Process Of BBNJ Negotiation And China’s Proper Position

With the development of science and technology,human development and utilization of natural resources have gradually shifted from land to land,sea and air.Marine resources contain huge economic benefits.Early people started to explore the field of marine utilization.Faced with the vast ocean area and limited by the cognition that human activities had little impact on the marine environment at that time,they believed that marine resources were sufficient to satisfy the permanent development and unlimited utilization of human beings.In 1982,the United Nations Convention on the Law of the Sea(hereinafter referred to as "the Convention on the Law of the Sea")guaranteed the principle of freedom of the high seas at the level of international legal system.The economic value and scientific research value of the high seas were greatly explored.Although the Convention on the Law of the Sea has also established some provisions to protect the marine environment and regulate the behavior of various subjects in using the sea,on the whole these regulations are principled and guiding.Shipping,dumping,exploration,mining and other human activities in the high seas have caused many irreversible negative impacts on the marine environment.Many countries and international organizations have reached a certain consensus on regulating ocean behavior in the high seas,but it is not easy to determine the specific content under the broad consensus.Based on this background,the problem consciousness of this article is mainly to understand and focus on the international negotiation process of BBNJ,and to discuss the main legal disputes that regulate human beings beyond the national jurisdiction(hereinafter referred to as ABNJ)First of all,the current ABNJ behavior is mainly based on the Convention on the Law of the Sea,the Convention on Biological Diversity(hereinafter referred to as the "Convention on Diversity")and some regional consensus-building treaties.Facing that human activities have already affected ABNJ’s marine environment and biodiversity,international subjects have begun to reach a consensus on the urgent need for all countries in this field to work together to form an institutionalized regulatory mechanism."Marine biological diversity of areas beyond national jurisdiction"(hereinafter referred to as BBNJ)international negotiations came into being.This started the stage of proposing the topic and went through the negotiation stage of the Preparatory Committee and the negotiation of the intergovernmental meeting in the last two years.Secondly,at the second meeting of the Preparatory Commission,it was confirmed that the topics of the meeting were environmental impact assessment,marine genetic resources including benefit sharing,area-based management tools,construction of high seas protected areas,capacity-building and technology transfer.Although the meeting confirmed that the goal of the negotiations is to achieve the conservation and sustainable use of ABNJ marine resources,to achieve this goal,it is necessary to reduce human activities in ABNJ.The interests involved in BBNJ are complex and profound,and the views of North and South countries are tit for tat.In this regard,this paper finds that China should realize that the impairment of short-term interests is to better realize long-term interests based on its own national interests.On the issues of environmental impact assessment and benefit sharing mechanism including genetic resources,China should clearly realize China’s current international status,face the demands of the vast number of developing countries to establish a "free benefit sharing" mechanism,and put forward institutional suggestions in consultation and negotiation of international rules that are consistent with China’s national interests and development strategies.Consider the "non-monetary" benefit sharing mechanism and make appropriate contact with the "monetary" benefit sharing mechanism,thus protecting the enthusiasm of countries in carrying out ABNJ scientific research activities.Actively promote the formation and establishment of environmental impact assessment system,and promote the formation of a fair and reasonable environmental impact assessment system in the conflicts and games between "freedom of the high seas" and"the principle of common inheritance of mankind",so as to truly realize the objective of sustainable utilization and conservation of ABNJ biological resources.In terms of research methods,the article uses the method of literature analysis,and combines the research and discussion made by domestic and foreign scholars on the environmental impact assessment system and marine genetic resources issues that involve the most extensive interests in the topic.Based on the objective status quo of their own national development and the demands of marine interests,the three camps of "marine utilization faction" represented by the United States and Japan,"benefit sharing faction" represented by the third world countries,and "marine environmental protection faction" represented by the European Union,New Zealand and other countries have been formed.The "Ocean Utilization School" adheres to the principle of "freedom of the high seas" and hopes to maintain a favorable position in the development and utilization of ocean resources.The "benefit sharing faction" focuses on the establishment and implementation of the benefit sharing mechanism,and they expect to reverse their current situation of not being dominant in economy and scientific research in this negotiation.EU member states hold high the banner of environmental protection and are committed to coordinating the relations and interests disputes between the two parties in order to form a broad consensus as soon as possible.Therefore,this meeting can be seen as a re-division of the maritime order.In order to achieve the goal of BBNJ negotiations,how to divide the scope of interest transfer and how to coordinate the interests between North and South countries are still the focus of the negotiations.Finally,based on the focus of the negotiations,using the value analysis method,starting from the advantages and disadvantages of China’s current scientific research in the field of ABNJ and the protection of China’s marine rights and interests,the rationality and breakthrough of the existing international system are analyzed,and the balance of interests among countries,the existing system and the legislative direction is found.Although China’s overall national strength has been greatly improved this year,with a long coastline and such geographical advantages,there is a lot of room for negotiation and interest fighting in the blank areas of BBNJ negotiations,China still faces such problems as the lack of national capacity,the inappropriate connection between domestic legislation gaps and international rules,and the actual impairment of marine economic interests due to national responsibilities The author points out that although China should fully demonstrate its demands in the negotiations based on its national interests,it should not only focus on short-term interests.For example,the establishment of benefit sharing mechanism can be implemented step by step in a gradual way,and the "monetized" and "non-monetized" benefit sharing mechanisms can be properly linked to protect the enthusiasm of developed countries in marine scientific research.It should actively start from itself,practice the exchange and sharing of "genetic resources" data,and stimulate the global strengthening of scientific research and construction capacity in the marine field.Only in this way can the benefits be extended to developing countries from a long-term perspective.Therefore,our country should focus on the long-term goal of the sustainable survival and development of all mankind,adhere to the principle of global governance,actively participate in the negotiation of treaties,and unite the vast number of developing countries to strive for the protection of rights and interests in the negotiation,so as to realize the goals of BBNJ in negotiating sustainable utilization of marine resources and conservation,and at the same time promote the establishment of a fair and reasonable new international marine order.