On Elements of International Law-making for Marine Protected Areas beyond National Jurisdiction and China’s Proposals

Setting the international law-making agenda is usually driven by specific States or the group of States. The international law-making demands system legitimacy and process legitimacy. Through the advocacy of the European Union and the promotion of the United Nations and other international organizations, the issue of marine protected areas beyond national jurisdiction has entered the legal-making process in the international community. This will have impacts on the freedom of the high seas and other relevant rules under the framework of the UNCLOS, and will also affect China’s activities in high and deep seas. The international law-making of marine protected areas beyond national jurisdiction should be legitimate, as its system should reflect the coordination of the interests of States, and its process should guarantee the universal participation of States and provide opportunities for reaching consensus. At present, States have differences on the scientific basis and purpose of the establishment and management of marine protected areas, the rights of adjacent coastal states, and decision-making procedures. China should actively participate in the international law-making process under the idea of “building maritime community with shared future”, and make China’s proposals to influence the formulation of relevant international rules.