Haiyang Kaifa yu guanli (Apr 2023)
Reform and Improvement of Legal Regulation of Marine Biodiversity Beyond National Jurisdiction: Comment on 'BBNJ Agreement (Draft) '
Abstract
The "BBNJ Agreement" has created a benefit-sharing system for marine genetic resources and changed the existing legislation on the "first-come, first-served" commercial utilization rules for the resources; It also has established a global mechanism for Area-Based Management Tools and Environmental Impact Assessment, and improved the limitations of existing conservation rules that are relatively independent and lack coordination and cooperation. However, there are a series of problems in the draft, such as huge differences in the benefit sharing system of marine genetic resources, ignorance of scientific basis and objective practical needs, weak implementation and supervision mechanism, and failure to properly deal with the connection with the existing system, which will threaten the establishment, universality and regulatory effect of the agreement. China should clarify the different needs of developing countries and developed countries in order to exchange justice and take into account the interests of all parties; deeply participate in inter-governmental negotiations, and guide the construction of a more just and equitable international maritime order at the global level with the concept of Maritime Community with a Shared Future; strengthen BBNJ's sampling and commercial process, safeguard and expand maritime rights and interests.
