High Seas Protected Areas Restrict And Adapt The Principle Of Freedom Of The High Sea

The restrictions on the principle of freedom of the high seas in the high seas protected areas are mainly embodied in the restrictions on the freedom of navigation on the high seas,the freedom of fishing on the high seas,and the freedom of scientific research on the high seas.There are many conflicts between the high seas protected areas and the principle of freedom of the high seas,but this does not of course mean that the establishment of the high seas protected areas violates the principle of freedom of the high seas.In essence,in order to achieve true freedom of the high seas,there must be a clean high seas marine environment.The establishment of the high seas protected areas is to protect the marine environment and realize the sustainable use of the high seas,so as to better realize the freedom of the high seas.Especially in today’s increasingly serious marine environmental pollution problems such as red tides,garbage islands,garbage strips,and marine oil pollution,the establishment of high seas protected areas and the maintenance of high seas freedom can be achieved in coordination.This process requires academic theories and institutional arrangements at the level of international law.China must also actively participate in the establishment of high seas protected areas and promote the realization of a maritime community with a shared future.In addition to the introduction and conclusion,the main content of the article is as follows:The first part: the restriction on the formation of the principle of freedom of the high seas by the high seas protected areas.The establishment of high seas protected areas has formed many restrictions on the principle of freedom of the high seas,mainly restrictions on freedom of navigation,freedom of fishing,and freedom of scientific research.This part expounds the emergence of the principle of freedom of the high seas and the performance of the internal limits of the principle of freedom of the high seas.It proposes the external restrictions and manifestations of the high seas protected areas on the freedom of navigation on the high seas,the freedom of fishing on the high seas,and the freedom of high seas scientific research.The principle of freedom forms the specific content of the restriction.The second part: the analysis of the actual legal cause of the restriction of the principle of freedom of the high seas by the high seas protected areas.This part analyzes the reasons for the restriction of the principle of freedom of the high seas by the high seas protected areas from the perspective of actual law.It mainly includes the conflicts between the legal system of the high seas protected areas and the principle of freedom of the high seas.Authoritative scholars on the principle of freedom of the high seas lack consensus.The third part: the international law’s adjustment to the high seas protected areas and China’s response.This part demonstrates that the coordination of high seas protected areas and the principle of freedom of the high seas should be realized at the level of international law.The path of adjustment can be multilateral treaties based on the Law of the Sea Convention and the conclusion of regional treaties.In principle,we must follow the principles of national sovereign equality,good faith performance of international obligations,international cooperation,sustainable development,risk prevention,and common but differentiated responsibilities.China’s response is to actively participate in the construction and management of high seas protected areas at the factual level;at the rule-building level,conclude multilateral or regional treaties with other countries,improve domestic legislation on high seas protected areas,and promote the establishment of a community with a shared future for the oceans.