Research On The Conflict And Coordination Between BBNJ Zoning Management Tool System And Antarctic Marine Protected Area System

At present,the fifth Intergovernmental Conference on the Conservation and Sustainable Use of Biological Diversity in Marine Areas beyond National Jurisdiction(BBNJ)has concluded,and new progress has been made in the draft BBNJ Agreement under the framework of the United Nations Convention on the Law of the Sea.As one of the core contents of the agreement,the zone management instrument system will build a new order of global high seas governance in the future.On the other hand,after more than ten years of development,the Antarctic Marine protected area has a relatively mature governance system,and the Antarctic sea area it is located in is also outside the scope of national jurisdiction.This means that as a future global ocean governance mechanism,the BBNJ agreement demarcation management tool system and the Antarctic Marine protected area system may overlap in the Antarctic waters,and there is a potential conflict.Based on the analysis of the potential conflicts between the two systems,this paper explores the path of their coordination,which is divided into six parts.The first part briefly discusses the academic viewpoints and the theoretical and practical significance of the paper.The second part expounds BBNJ zoning management tool system and Antarctic marine protected area system,including the concept,development process and practice of the system,which paves the way for better analysis of the conflict and coordination of the above two systems.In the third part,by analyzing the contents of the above two systems and combining with the practice of Antarctic waters governance,it is found that the overlapping of the above two systems will lead to potential conflicts in governance coverage,governance subject,marine protected area attributes and specific management measures.The fragmentation of global high seas governance,the ambiguity of the principle of "no harm" in BBNJ agreement,the complexity of political game in high seas,the closure of Antarctic system and the openness of BBNJ agreement may be the main reasons for the conflict.According to the principles and regulations of international law and the contradictions in the negotiation of BBNJ agreement,combined with the current practice of Antarctic marine protected areas,the fourth part explores the ways to realize the coordination of the above two systems,including clarifying the legal orientation of BBNJ agreement,applying the principle of "due consideration" to the zoning management tool system and constructing the zoning management tool system with mixed management mode.The fifth part puts forward China’s coping strategies from China’s perspective,reflecting the image of China as a big country,safeguarding China’s interests in the Antarctic and other high seas,and realizing the goal of becoming a maritime power.The sixth part is the conclusion part,which combs and summarizes the article.