Practice Dilemma And Improvement Path Of The Establishment Of Marine Protected Areas Beyond National Jurisdiction

In the past,the means of using marine resources were limited to fishing,shipping,constructing artificial facilities,scientific research and other aspects.However,with the progress of science and technology,the ability for human to exploit natural resources has been constantly enhanced,as well as the demand for natural resources has been increasing.The pressure on the marine environment is more intense,the more effective protection of international community is desired.International community are trying to manage affairs on high seas by cross-sector management,while the regime of Marine Protected Areas beyond national jurisdiction,which is a comprehensive management tool drives from single-sector management practice such as fishery,marine transport and mineral exploration on seabed.It is of great significance for the protection of Antarctic marine living resources for Commission for the Conservation of Antarctic Marine Living Resources(CCAMLR)to establish marine protected areas for South Orkney Islands southern shelf and Ross Sea area.The network of northeast Atlantic marine protected areas,which was established by Convention for the Protection of the Marine Environment of the Northeast Atlantic(OSPAR)committee,has benefited a twenty-year recovery on fishery resources.France,Monaco and Italy are associated to build Pelagos Sanctuary,the earliest marine protected area in the world,which has proved the role of public participation and publicity in promoting the practice of high seas reserves.Those practices show that comprehensive management of high seas reserves is feasible,but also exposes the existing problems.These problems are manifested on the conflict in the legal mechanism of the high seas protected areas and the imperfect management system inside.On the outside,there is conflict between the high seas protected area regime and the institutional arrangement of the 1982 United Nations Convention on the Law of the Sea(UNCLOS),including the nature of the sea area and its corresponding management system.These regional practices provide valuable experience for the construction of global international law framework of high seas protected areas.The primary purpose of high seas reserves is sus tainable development,so they should not be protected for protection.In view of these problems,the construction of high seas reserves needs a scientific and verifiable plan,and the assessment objectives with time limit are set to assess the effectiveness of high seas protection measures.Corresponding to the protection measures,coordinate the actual and future interests of different countries,exchange the appropriate inclination of future interest distribution for the concession of national actual inte rests,and stimulate the enthusiasm of participation in international negotiations.Mobilize stakeholders to participate in the protection of the high seas extensively,strive for the minority organizations or entities that occupy the main position in the industry,and formulate and implement effective protection measures for the high seas.At the same time,the international community needs to properly allocate marine genetic resources of wide concern to all countries,as to reach international legally binding instrument,which has been investigated for years.At last a feasible international legal framework for high seas protected areas is necessary.