Research On The Legal Dilemma And Solution Path Of The High Seas Protected Areas System

High seas protected areas restrict or prohibit human activities in certain high seas areas,which can help reduce the threat of ocean degradation,reduce the risk of marine biomass decline and depletion of fishery resources,and reduce the negative impact of human activities such as laying cables.The high seas protected area is a combination of ABNJ waters and marine protected areas.The definition of high seas protected areas is full of controversy in the international community.In view of the fact that the existing concept of Marine Protected Areas is not suitable for direct application,and Area-Based Management Tools should have a broader concept,the legal concept of high seas protected areas should be deconstructed mainly in terms of spatial scope,management elements and protection objects.Looking back at the current international legal framework governing high seas protected areas,the UNCLOS related to high seas conservation does not directly mention the establishment of high seas protected areas,there is no global convention on which high seas protected areas are based,and regional treaties are still the most important and direct legal basis for the establishment and management of the high seas protected area,but they are difficult to have broad binding force due to the limited contracting parties of the regional convention.Therefore,the legal basis for the international community to construct high seas protected areas is weak.At present,the regional practice of high seas protected areas is different.The existing regional practices of high seas protected areas are not only different in terms of the basis of regional treaties,management methods and development processes,but also the conservation measures implemented,the interaction with non-parties.The UNCLOS divides the water body and subsoil in areas beyond the scope of national jurisdiction,and applies different legal systems to the ecological conservation of the high seas.Marine ecological protection is fragmented due to the division of legal systems.In this context,combined with the international legal basis of high seas protected areas and the existing practice status,there are three major dilemmas in the governance of high seas protected areas: the scope of reasonable restrictions on high seas freedom in high seas protected areas is not clear,the overlapping of Area-based Management authorities hinders the integration of regional practices,and the coordination between high seas protected areas and the seabed regimes.In order to protect the ecological environment of the high seas,the international community has gradually adopted comprehensive high seas protected areas to strictly restrict the freedom of the high seas.There are disputes over the collective conservation measures adopted and the extent to which high seas protection reasonably restricts the freedom of the high seas.In fact,such a narrow interpretation of the UNCLOS conservation obligation is unconvincing,and the conservation obligation has more reasons to be interpreted as a broad and comprehensive ecosystem conservation.With the gradual expansion of restrictions on the freedom of the high seas by Area-based Management,the modern law of the sea not only reduces the space for freedom of the seas geographically,but also limits the content of freedom of the seas from the perspective of rights.The construction of a network of protected areas on the high seas has become the general trend.It is necessary to set“parameters” for the reasonable scope of conservation measures to limit the freedom of the high seas,so as to avoid the difficulty of consensus caused by different interpretations.Strict prohibitive measures will undoubtedly exacerbate the conflict between fishery interests and high seas conservation.The prerequisites for the implementation of comprehensive prohibitive measures should be refined,and regulations on the acquisition of marine biodiversity resources should be relaxed.The integration of a global network of high seas protected areas under the BBNJ Agreement requires pre-addressing overlapping mechanisms to avoid competition and conflict.The main hindrance it faces lie in the horizontal overlapping of functions of high seas protected areas and sectoral organizations and the vertical overlapping of global management of high seas protected areas with regional practices in governance.The ecosystem approach emphasizes the need for conservation measures based on viewing the ocean as a macro-ecosystem,while international law divides the ocean into jurisdictions where different legal systems apply.High seas and seabed “areas”are divided and ruled.The lack of connection between the two regimes separates high seas protected areas,and the legal status of marine genetic resources is unclear,causing disputes over the application of the regime.The establishment of the high seas protected areas may detract from the sovereign rights of the outer continental shelf.The conceptual defect of sedentary species will also lead to disputes in conservation subjects.Although the practice of regional high seas protected areas has proved the feasibility of BBNJ comprehensive governance,the uneven development of regional practice,coupled with the practical problems of overlapping mechanisms and conflicts of division and governance,urgently need to clarify unified scientific standards and improve cooperative governance through the BBNJ agreement at the global level.To solve the practical dilemma of the governance of high seas protected areas,as a major maritime country,the international legislation on high seas protected areas is an important opportunity for our country to enhance international right of speech in high seas governance.To safeguard marine rights and interests,China should respond accordingly,and influence the establishment of governance rules for high seas protected areas through China’s plan.We should oppose Coastal states abuse high seas protected areas to extend their jurisdiction and improve relevant domestic legislation.