Research On China's Deeply Participation In BBNJ Legislation From The Perspective Of International Law

At present,the most important international law-making process is development of an international legally binding instrument under the United Nations Convention on the Law of the Sea on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction,which will be related to the change of the marine order beyond the national jurisdiction.China's participation in international marine environmental legislation is not deep enough and its role is relatively limited due to many reasons such as insufficient highlighting of marine environmental problems in the past and its limited capabilities.In recent years,with the continuous strengthening of China's strength in various fields,China objectively has the ability to participate in international marine environmental legislation to a certain extent,and subjectively hopes to gradually play a greater role in international marine environmental legislation.In this context,it is necessary to take international law as the research perspective and theoretical basis,to make an empirical analysis of the depth and role of China's current participation in BBNJ legislation,to summarize the shortcomings and experiences of China's participation,and to explore how China can achieve deep participation and gradually lead BBNJ legislation,which is of great significance.First of all,the basic theory of international marine environmental legislation is discussed.From the time division,international marine environmental legislation has different characteristics in the initial stage,development stage and mature stage.However,from the initial international legislation on marine oil pollution to the legislation on the conservation of living resources,and then to the current BBNJ legislation,all reflect the trend of deepening the degree of protection and expanding the scope of protection for the international marine environment.As for China,it did not participate in the early stage of international marine environmental legislation,nor did it participate in a comprehensive scope in the development and maturity stages.International marine environmental legislation is faced with major theoretical difficulties such as "conflicts between international marine environmental protection and freedom of the high seas" and "allocation of state responsibility for international marine environmental protection".To this end,international marine environmental legislation can only impose reasonable restrictions on the principle of freedom of the high seas without exceeding unnecessary limits,and developing countries and developed countries should adhere to the principle of "common but differentiated responsibilities" in international marine environmental protection.In view of the current theoretical difficulties in international marine environmental legislation,China proposes the advanced nature,rationality,feasibility and guiding significance of the "Community of Marine Destiny" in solving these problems.The concept of the Community of Marine Destiny is highly consistent with the needs of international marine environmental protection and can provide direction and method guidance.Secondly,there are still deficiencies in China's participation in BBNJ legislation.The main reason for BBNJ legislation is that biodiversity beyond national jurisdiction is facing serious threats,and there is a gap in the protection of biodiversity beyond national jurisdiction in the United Nations Convention on the Law of the Sea.The United Nations has divided BBNJ legislation into informal ad hoc working group stage,preliminary committee stage and intergovernmental negotiation stage.At present,BBNJ legislation has entered the stage of intergovernmental negotiation,showing the characteristics of deep and solid general trend,more parallel consultations,small-scale meetings and obvious differences on a package of topics.The shortcomings of China's deep participation in BBNJ legislation are mainly that the long-term benefits of China's participation in BBNJ legislation need to be clarified,the scope of topics for China's participation in BBNJ legislation is not wide enough,there is room for improvement in the ways and means of China's participation in BBNJ legislation,and the number of contributions and propositions of China's participation in BBNJ legislation is relatively little.Thirdly,combing the process of the world's major countries or international organizations participating in BBNJ legislation,we can find that these participants can be roughly divided into the EU,which actively promotes BBNJ legislation,the marine powers such as the United States,Japan and Russia,which emphasize the free use of marine resources,and the international organizations dedicated to protecting the marine environment such as the World Conservation Union,Greenpeace and the High Seas Alliance.The position of the United States in participating in BBNJ legislation is strictly guided by national interests and attaches great importance to the participation of relevant domestic stakeholders.Russia is good at expressing its own position by asking questions and questioning.Japan has strong ability to identify the mainstream discourse in negotiations and adopts more "constructive ambiguity" negotiation strategies.As for the EU,it not only actively promotes foreign environmental policies in BBNJ legislation,but also has long-term strategic planning and skillful application of international law.As for international environmental protection organizations,IUCN has been deeply involved in the whole process of BBNJ legislation,submitting comprehensive,detailed and professional written proposal documents and draft texts,as well as holding seminars and side events outside the negotiations,thus continuously influencing the countries and other international organizations participating in the negotiations.The high seas alliance's goal of participating in BBNJ legislation is very specific and clear,and it effectively integrates the voices of various non-governmental organizations.WWF has close ties with relevant scientific and legal experts and is actively involved in the practice of biodiversity conservation beyond national jurisdiction.Finally,some suggestions are put forward for China to deeply participate in and gradually lead BBNJ legislation.From a macro perspective,it is suggested that when China participates in BBNJ legislation,it should adhere to the political stance of developing countries and coordinate interests,adhere to the balance between BBNJ conservation and sustainable use,and adhere to the relationship between the inheritance and development of BBNJ international instruments and the United Nations Convention on the Law of the Sea.In terms of specific suggestions,China should first push forward the negotiation of a benefit sharing system for marine genetic resources,coordinate the rights of marine protected areas and coastal states through the principle of "goodwill and prohibition of abuse of rights",actively push forward the negotiation of strategic environmental assessment issues,and adhere to and improve the mandatory mode of capacity building and technology transfer,so as to promote China's deep participation and gradually play a leading role.As far as China is gradually leading BBNJ legislation,China should,on the basis of correct treatment of in-depth participation and guidance,continuously enhance the application level and innovation ability of international law theories and continue to strengthen scientific research on BBNJ.