The Relevance And Coordination Between The BBNJ Agreement And The Legal System Of High Sea Fisheries In The Arctic Ocean

After 20 years of negotiation,the third implementation agreement of the United Nations Convention on the Law of the Sea-the Agreement on the Conservation and Sustainable Use of Marine Biodiversity beyond National Jurisdiction(BBNJ)-was finally adopted on March 4,2023.The BBNJ agreement is related to the integration of global maritime interests and the restructuring of order,and is the focus of current international attention.The four substantive issues regulated by the BBNJ Agreement include marine genetic resources and benefit sharing,area-based management tool including marine protected area,environmental impact assessment,capacity-building and the transfer of marine technology.Although it does not directly refer to the conservation and development of fishery resources in the high seas of the Arctic Ocean,its specific content covers "the conservation and sustainable use of biodiversity",which is closely related to fish stocks and their ecological environment.In the legal framework of high seas fisheries in the Arctic Ocean,there are fewer international treaties on the conservation and development of high seas fisheries in the Arctic Ocean,represented by the Agreement on the Prevention of Unregulated High Seas Fisheries in the Central Arctic Ocean,with low pertinence and legal binding force.International organizations take sub regional and sub fish management as their main governance methods,and the geographical and regulatory scope of fish stocks are insufficient.As a global agreement,the scope of application of BBNJ includes the high seas of the Arctic Ocean,which is conducive to improve the efficiency of fisheries governance in the high seas of the Arctic Ocean.On the other hand,as the latest practical achievement of international marine legislation,the BBNJ Agreement takes "without prejudice to relevant legal instruments,frameworks,and relevant departments and institutions,strive to maintain consistency and promote coordination" as the basic legislative principle,aiming to complement and integrate with the international legal order,including the conservation and development of biodiversity in the high seas of the Arctic Ocean.However,the strong "Monroe Doctrine" tendency of Arctic countries,the legal system of "fragmentation" of high seas fisheries in the Arctic Ocean,and the ambiguity and uncertainty of the "not undermine" relationship clause in the BBNJ Agreement have become the main obstacles to their cooperation and coordination.In response to the special problems of high seas fisheries in the Arctic Ocean,parties and relevant international organizations should make full use of the "compatibility clause" of the BBNJ Agreement to promote the formulation and unification of the "the best available science and scientific information" standard,establish a normalized and stable information sharing and cooperation mechanism,and establish a new international order for the conservation and development of high seas fisheries in the Arctic Ocean.Since the launch of the BBNJ international legislation,China has deeply participated in the substantive work at various stages,contributing Chinese wisdom to promoting the negotiation process and introduction of the BBNJ agreement.In January 2018,the white paper"China’s Arctic Policy" confirmed that China is a "near Arctic state" and an important"stakeholder" in Arctic affairs.However,the final adoption of the BBNJ agreement is the result of compromise by all parties,even at the expense of developing countries.Different interest groups have significant differences on the marine genetic resources and its benefit sharing,capacity-building and the transfer of marine technology.The high seas of the Arctic Ocean are rich in fishery resources,which have great economic and scientific research value and are "a hotly contested spot " for stakeholders.The main objective of the BBNJ Agreement is to conserve marine biodiversity beyond national jurisdiction,and fishery resources are an important adjustment target Therefore,the customary international law principle of "freedom of fishing on the high seas" may be subject to certain restrictions,which will have a short-term adverse impact on the development of China’s deep-sea fisheries.As an active participant in the"Responsible Power" and the BBNJ Agreement,China should take the implementation of the BBNJ Agreement as an opportunity,under the guidance of the concept of a " maritime community with a shared future ",and within the institutional framework of the United Nations Convention on the Law of the Sea,promote the legalization of Arctic governance by strengthening cooperation in Arctic scientific research,and contribute Chinese wisdom to the follow-up implementation of the BBNJ Agreement and the conservation and development of high seas fishery resources in the Arctic Ocean.