Legal Regulations For The Protection Of Marine Biodiversity Beyond National Jurisdiction (BBNJ)

As matter stands,The issues of marine biodiversity beyond areas of national jurisdiction protection and sustainable use become the hot spot of international maritime affairs.Facing the increasingly serious destruction and the loss of biological diversity,there exists several problems in the relevant legal documents of BBNJ obviously.In order to promote the richness of biological diversity,stable ecological environment and sustain human lives,international community has to solve these urgent problems immediately.This paper is mainly divided into five parts to analyze and discuss the issues in BBNJ:The first part mainly demonstrates the details of BBNJ.Through introducing the origin and scope of BBNJ to analyze the existing threats,and then it emphasizes on the key to make necessary legal regulations on BBNJ.The second part is about current legal situations and problems of BBNJ.For those global legal documents including UNCLOS,CBD,UNFSA and other non-binding soft law,which aim to sustain BBNJ indicate there still have a lot of deficiencies in protecting marine biodiversity,It is found that there are some defects in the specific provisions,scope of application,legal effect and so on,proved that it can not deal with the problem effectively..The third part is about the discussion of new development for BBNJ under UNCLOS.Accordance with the new implementation agreement under UNCLOS in 2015,the paper focuses on the new agreement priorities to make intensive analysis,especially in the aspects of marine genetic resources,marine protected areas,environmental impact assessment and marine tech-transfer.Then this part makes a general comment on the advantage and the feasibility of building the new agreement.The fourth part puts forward suggestions on building new implementation agreement under UNCLOS.Firstly,for marine genetic resources,it could take ’Principle of Common Heritage of Mankind’ into consideration to create corresponding legal rules;secondly,to win through the challenge of marine protected areas,it needs to make a point of strengthening regional cooperation and clear the role of expanding marine reserves;third,there gives corresponding solutions to make up for the deficiency of evaluation system,strengthening the ability of construction and marine tech-transfer regulations.The fifth part is the legislative enlightenment for our country.For domestic legislation,we can plann Marine Protected Areas and its network,reasonably and strengthen the domestic implementation of Environmental Impact Assessment mechanism;for international level,it demands us to participate in global legislation actively in order to guard our maritime rights.