Sustainable Management of Marine Biodiversity in Areas beyond National Jurisdiction by Establishing Protected Areas on the High Seas: A Chinese Perspective

Abstract

Due to the several undiscovered and valuable gene and mineral resources, marine biodiversity is considered a strategic asset for socio-economic development. However, marine biodiversity is facing grave threats, particularly in areas beyond national jurisdiction (ABNJ), where sustainable management and effective implementation of governance is yet lacking. Here existing international legal regimes with the protection of marine biodiversity in areas beyond national jurisdiction are briefly summarized, focusing on potential factors influencing China’s policymaking on the construction of marine protected areas on the high seas. It is concluded that China should actively participate in international negotiations and seriously assess the impacts of establishing these protected areas before making its own decision in order to achieve the sustainable conservation and management of marine biodiversity in areas beyond national jurisdiction. In addition, the policy’s future research directions will be the practical challenges for China to establish and manage the marine protected areas on the high seas, especially in the selection of locations and the model of management.

1. Introduction

Oceans are the cradle of life; however, the protection, research, and management of oceans are insufficient [1]. The world’s oceans can be divided into two groups: areas beyond national jurisdiction and areas under national jurisdiction (such as internal waters, territorial sea, exclusive economic zone (EEZ), and so on), which together make up 39% of the oceans. It is surprisingly found that only 1.18% of ABNJ have been protected compared to 17.86% of waters under national jurisdiction [2]. The first multilateral international treaty related to biodiversity conservation in the world was the Convention for the Protection of Wild Animals, Birds, and Fish in Africa in 1900. Since then, important legal and policy progress has been made in protecting biodiversity from expanding human activities and their adverse effects. However, legislative progress always lags behind man’s practical activities in exploring nature. That is why we still see few ecological success cases, particularly in ABNJ [3,4]. Generally, marine biodiversity is facing grave threats, and a large number of indicators [5,6] show that the level of biodiversity is declining over time [7]. Scientific data emphasize the necessity of cross-sectoral, interdisciplinary collaboration among decision-makers and other stakeholders at all levels, as well as the urgent need for action to better protect and sustainably exploit biodiversity [8]. There are many reasons accounting for the failure to manage human activities better. From the perspective of international governance, one of the most obvious reasons is that there is not yet established a worldwide legal regime and corresponding institutions to manage the high seas [9]. The debates and discourses [10] surrounding the creation of marine protected areas (MPAs) suggest that MPA implementation can help improve the sustainability of high-seas governance.

From the perspective of international law, this study combs the international mechanism for the protection of marine biodiversity in areas beyond national jurisdiction and objectively evaluates the value and viability of China’s involvement in the establishment of high seas protected areas in light of China’s actual situation. It not only summarizes the practice of the existing high seas protected areas around the world but also studies the latest initial results of the ongoing negotiations on the BBNJ agreement under the United Nations Convention on the Law of the Sea (UNCLOS), in which China has played a leading role. It will help not only Chinese policymakers to re-examine China’s position on BBNJ marine protected areas but also help foreign scholars to have a deeper understanding of the realistic considerations, and future expectations of China’s establishment of high seas protected areas.

This paper consists of the following parts: Section 2 outlines the status quo of the protection and governance of marine biodiversity in ABNJand introduces one of the applicable conservation tools, namely the establishment of MPAs before summarizing the challenges for China. Section 3 presents the author’s analysis of potential stimulative factors influencing Chinese policymaking on creating MPAs on the high seas. Section 4 concludes the paper.

2. Materials and Methods

2.1. Status Quo of Protection and Governance of Marine Biodiversity

This section has carefully selected three factors that have been widely discussed: fishery, shipping, and deep-sea mining. These factors are also related to China’s policy considerations, which will be mentioned in the following subsection as well. In addition to the above three direct causes of the decline of marine biodiversity, the indirect causes—lack of effective governance—are discussed from an international law perspective, through which the gap between threats and protection is unmasked.

2.2. Facing Grave Threats

2.2.1. Fishing

It is reported that global fish production reached 179 million tons in 2018, with a market value of about 401 billion dollars [11]. The annual output value of high-seas fisheries is estimated to be around 16 billion dollars [12]. According to scientific evidence [13,14,15,16], overfishing is one of the most significant impacts on ocean systems. It has an extensive and profound influence on marine biological systems, including altering the trophic chains and changing the structure and functioning of the ecosystems [13]. For instance, overfishing may drastically reduce the biomass, simultaneously reducing the organisms which connect shallow with deep waters. An obvious example of this is that some pelagic fishes living in shallow waters need to go to the deep waters to feed or reproduce. Overfishing also has a serious impact on migratory fish species. The large-scale impact of fishing on fish community structure is related to the inherent vulnerability of fish. As shown by the study on intrinsic vulnerability in the global fish catch, fishes living in seamount communities showed distinctively higher vulnerability to the threats from fishing [17]. Thus, fishing may greatly alter the food chain in which the vulnerable fish appear.

2.2.2. Shipping

Shipping traffic in many parts of the world has increased as some 90% of commodities are shipped by sea [18]. The potential harmful impacts of shipping on marine ecosystems come primarily from noise and waste emissions from ships. The main source of the concerned noise is the engines of the ships. Scientists divide marine animals’ responses to noise into three categories: behavioral, acoustic, and physiological responses. According to available studies, one of the most common behavioral responses is displacement, which might be of great concern if new feeding grounds cannot be found [19]. Despite a global trend toward fewer shipping mishaps that result in oil spills (over 7 tons) [20], the harm caused by an oil spill (however tiny) can be deadly to some marine organisms. Emissions of SO₂ from the combustion and oxidation of fuels from international shipping have increased from 9% to 25% over the last decade as trade has risen [21]. Fish and zooplankton rely on natural light to adjust their behavior and migration patterns. Artificial light interferes with the animal’s ability to distinguish directions and destroys ecosystems. Shipping may also cause biological invasions, thus disturbing the ecological balance of the systems [1]. Although as early as 1972 London Convention banned ships from dumping garbage into the ocean, the data showed that around 20–50 million tons of litter were discharged yearly into the oceans from the ships [22]. Those waste emissions from ships are endangering marine life and the marine environment. Moreover, marine organisms may absorb harmful chemicals from the garbage, which can lead to bioaccumulation. Although it is possible that marine litters are only toxic at high trophic levels, the accumulation and difficulties in decomposition could lead to long-lasting effects [23].

2.2.3. Deep-Sea Mining

While still occupying less than 1% of the planet’s surface, all land-based mining has expanded significantly and has had a detrimental effect on biodiversity, the emission of highly toxic pollutants, the quality and distribution of water, and human health [8]. Despite being comparatively small, ocean mining has grown since 1981 to over 6500 offshore oil and gas facilities globally in 53 nations (with 60% in the Gulf of Mexico by 2003), and as the ice melts, it is anticipated to extend into the Arctic and Antarctic regions [8]. To date, there is no commercial deep-sea mining practice on the high seas. However, oil exploration and exploitation and the occurrence of disastrous events in the deep sea within jurisdictional waters have had widespread impacts on deep-sea biodiversity, such as the Deepwater Horizon disaster in the Gulf of Mexico [24]. The real damage that has occurred has raised deep concerns about the potential impact of deep-sea mining in ABNJ. With the increasing need for mineral resources and the development of technology and equipment, deep-sea mining has become a common concern of the global industry and scientific research community. Since entering full operation in 1996, the International Seabed Authority has issued 30 exploration contracts in ABNJ [25]. It is currently believed that deep-sea mining will inevitably impact deep-sea biodiversity at a local scale [26] because mining destroys habitats and indirectly leads to the degradation of large bodies of water and seabed areas resulting from the production of sediment plumes [27]. Other potential impacts of deep-sea mining on marine biodiversity have been well depicted by scientists [28].

2.3. Status Quo of Relevant International Governance Regimes

The existing legal regimes for the governance of biodiversity in ABNJ are complex. There are multiple international governance institutions and multiple international treaties of relevance. Here the author chooses to study four comparatively important aspects of the existing regimes, which could represent the global trend.

2.3.1. The United Nations General Assembly (UNGA)

The UNGA has always played an important leading role in promoting the conservation of biodiversity in ABNJ. The UNGA talks regarding a legally binding international agreement on the conservation and sustainable use of marine biological diversity in ABNJ within the framework of the UNCLOS are currently one of the most significant international legislative procedures in the area of the law of the sea. The international community’s negotiations on this subject have gone through three phases.

In the first phase, the UNGA adopted Resolution 59/24 in 2004 and established the Ad Hoc Open-ended Working Group to Study the conservation and sustainable use of biodiversity in ABNJ [29]. In 2015, the UNGA adopted Resolution 69/292 [30], based on the consensus and recommendations reached by the Ad Hoc Working Group, and decided to establish a “Preparatory Committee” open to all Member States of the United Nations, to make substantive recommendations to the UNGA on the elements of a draft text of an international legally binding instrument.

In the second phase, the “Preparatory Committee” held four sessions from 2016 to 2017 and submitted its report in July 2017 [30]. The report suggested that the UNGA consider the recommendations for the elements contained therein. The UNGA adopted Resolution 72/249 in December 2017 and resolved to hold four international sessions from 2018 to 2020 to negotiate the recommendations in the report [31], but the fourth intergovernmental meeting was rescheduled from 7 to 18 March 2022 because of the spread of the global COVID-19 epidemic.

In the third phase, the UN convened four intergovernmental meetings at present. Among them, the first meeting was held in September 2018, the second was held from March to April 2019, and the third was held in August 2019. The fourth ongoing meeting was negotiated through a web platform on the basis of the revised draft text issued after the third meeting [32]. The UNGA issued the draft report of the meeting on 16 March 2022 [33].

It is through the unremitting efforts of the UNGA that the international community could unite and consult together to develop an enforceable international agreement for the protection of marine life in ABNJ.

2.3.2. The Food and Agriculture Organization (FAO) of the United Nations

FAO’s role in promoting the conservation of biodiversity in ABNJ is mainly reflected in two aspects, namely, the formulation and implementation of regulations. First, there are many documents issued by the FAO concerning biodiversity. In 1999, the FAO Committee on Fisheries adopted several action plans on fishing capacity, sharks, and seabirds. Notably, in 2007, all 119 states of the FAO Committee on Fisheries unanimously adopted in Rome a recommendation for a legally binding measure to curb illegal, unreported, and unregulated fishing that seriously affects the economic, social, and biological sustainability of fisheries [34,35].

The FAO is crucial to the execution of the pertinent UNGA decisions, as we will see in the second point. FAO has a long-standing commitment to collecting and disseminating relevant information and tools to promote national practices and cooperation. For example, in order to help states and regional fisheries management organizations or arrangements (RFMO/As) in implementing the UNGA’s resolution, Deep-sea Fisheries Guidelines were adopted by the FAO in 2008 [36]. The Guidelines provide both detailed recommendations for activities to be taken for vulnerable marine ecosystems (VMEs) as well as the criteria for identifying VMEs.

2.3.3. The Convention on Biological Diversity (CBD)

The Convention on Biological Diversity (CBD) is a legally binding convention that aims to protect endangered plants and animals and maximize the protection of the planet’s diverse biological resources for the benefit of present and future generations. For the first time, the CBD has reached a consensus that the conservation of biological diversity is an indispensable part of the common interests of humankind and the development process, covering all ecosystems, species, and genetic resources, linking traditional conservation efforts with the economic objectives of the sustainable use of biological resources, and establishing the principle of fair and equitable sharing of the benefits of genetic resources.

At its fourteenth meeting in 2020, the Conference of the Parties (CoP) to the CBD adopted Decision 14/9, in which it asked the Executive Secretary to suggest ways to change the way that marine areas are classified as ecologically or biologically significant (EBSAs) [37]. Since the criteria were enacted in 2008 by CBD [38], it has constantly been working to study and revise the relevant standards. This provides a knowledge base for the future establishment of relevant protected areas. In addition, the CBD has been positive in other relevant areas; for example, in 2010, the CoP adopted 20 Aichi Biodiversity Targets, two of which are of particular relevance to the conservation of marine life (Target 6 and Target 11) [39]. In October 2021, the 15th meeting of the COP to the CBD was held in Kunming, China. The main topic for discussion was the basic framework for global biodiversity conservation in the next decade, and it listed “protected areas” and “marine biodiversity” on the provisional agenda [40].

2.3.4. The United Nations Convention on the Law of the Sea (UNCLOS)

This year marks the 40th anniversary of the UNCLOS. The UNCLOS contains a number of provisions on marine biodiversity. Its Part XI regulates the Area, which refers to the seabed and ocean floor and subsoil thereof beyond the limits of national jurisdiction. Its Part XII provides for the protection and preservation of the marine environment. According to Article 194, paragraph 5, states have an obligation to “protect and preserve … the habitat of depleted, threatened, or endangered species and other forms of marine life” [41]. In addition, two very important agreements were issued after the adoption of the UNCLOS as supplementary agreements. One is the Agreement relating to the Implementation of Part XI of the UNCLOS; another is known as the “Fish Stocks Agreement.” These two agreements play an important role in providing the basic legal framework for the conservation of biological diversity in ABNJ.

Moreover, the aforementioned ongoing negotiations of a binding instrument regarding ABNJ are also under the framework of UNCLOS. According to the recommendations of the Preparatory Committee, the draft text of the instrument recognizes the central role of the UNCLOS and would ensure consistency with the related key terms contained in the UNCLOS [30]. Thus, the UNCLOS will continue playing an important role in regulating matters in ABNJ.

Notwithstanding, there are still problems with the existing legal instruments in the face of serious challenges in ABNJ. For example, the provisions of the UNCLOS on biodiversity are abstract and show a trend of fragmentation; the protection objects of the CBD are also extensive, and the theme therein is biased toward public welfare. Thus, the existing governance regimes can hardly play a clear regulatory role in the protection of marine biodiversity in ABNJ. The adoption of a new and practicable approach is necessary to fill the gap between international governance and the need for protection in ABNJ. In recent years, the UN has successively put forward the concepts of ocean governance and sustainable marine development, which have been widely responded to by the international community. Particularly, further development of effective protection is required concerning the establishment of MPA networks, which could theoretically overcome the aforementioned problems [42].

2.4. A Feasible Conservation Tool: The Establishment of MPAs

Marine protected areas (MPAs) are suitable tools for managing ecosystems because they can protect, restore, develop, introduce, and reproduce species communities, maintain the diversity of biological species, as well as completely preserve the original appearance of marine resources and the natural environment [42]. There will be 17,786 marine protected areas in existence by the end of September 2022, making up around 8.15% of the world’s total marine area. Marine-protected areas under national control make up 17.86% of them, while protected areas on the high seas only make up 1.18% [2]. The current lack of MPAs, nevertheless, is not in itself a justification for their establishment. Due to biological, physical, and legal issues, the use of MPAs has been criticized. On the one hand, many marine species are difficult to identify due to mobility and temporariness; on the other hand, MPAs in ABNJ extend outside national jurisdictions, which may lack a legal basis of justification [43]. However, recent advances in the field of marine science confirm MPAs as supportable and workable instruments for marine biodiversity conservation [43]. Moreover, with the development of some successful practices, the accumulation of relevant experience could also make contributions to current and future MPAs [44]. Additionally, the UNGA is aggressively encouraging this, with nations agreeing to begin talks in 2015 on a new legally enforceable document on the preservation and sustainable use of marine biodiversity in ABNJ under the UNCLOS [45,46].

2.4.1. Current Practice of High Seas MPAs

With the joint promotion of the United Nations, the Convention on Biological Diversity, the United Nations Conference on Sustainable Development, the International Union for Conservation of Nature (IUCN), the Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR), and the European Union, the practice of marine protected areas on the high seas have been promoted. There are currently three high seas protected areas worldwide, namely, the North-East Atlantic Marine protected area Network (since 2010), the southern shelf marine protected area of the South Orkney Islands (2009), and the Ross Sea protected area (2016).

Table 1. Three Marine Protected Areas in Areas Beyond National Jurisdiction.

	Ross Sea Region Marine Protected Area	OSPAR Marine Protected Areas	South Orkney Islands Southern Shelf Marine Protected Area
Management Authority	CCAMLR	OSPAR Commission/Contracting Parties	CCAMLR
Governance Type	Joint governance	Collaborative governance	Joint governance
Related Legal Documents	Convention for the Conservation of Antarctic Marine Living Resources	OSPAR Convention	Convention for the Conservation of Antarctic Marine Living Resources

In Table 1, OSPAR stands for the Oslo and Paris Conventions. CCAMLR stands for Commission for the Conservation of Antarctic Marine Living Resources, established under the Convention on Conservation of Antarctic Marine Living Resources.

below lists the details of each MPA.

2.4.2. A New Legally Binding Instrument on BBNJ

At the level of awareness and institutions, the establishment of MPAs is strongly promoted. For example, large high-sea MPAs are seen as an essential tool to achieve the Aichi Target 11 mentioned above. It is worth noting that the ongoing negotiation of an international legally binding instrument of ABNJ has reached a consensus that the “measures such as area-based management tools, including marine protected areas,” shall be one of the indispensable parts of the draft text [30].

ABNJ’s binding instrument talks are currently at a pivotal point, and countries are about to engage in substantive negotiations and compromises on the issues involved. Measures relating to MPAs are discussed on the basis of the draft text of an agreement [47]. If achieved, this legally binding international instrument involving a wide range of countries will have a profound and lasting influence on the global ocean regime. China, which supports the idea of a maritime community with a shared destiny, aspires to make its contribution appropriately in the institutional negotiations as well as states practice.

Although China has not participated in establishing or managing the above four MPAs in ABNJ, nor does it plan to join them or advocate the establishment of new high seas protected areas, China cannot stand aloof from this affair. China’s participation in the establishment of high seas protected areas has the basis of international law and domestic policy. At the international level, China is a founding member of the United Nations and has always supported the outcome document of the United Nations General Assembly. China is a party to the UNCLOS and its part XI Implementation Agreement. China supports the international obligations to protect marine biodiversity in the United Nations’ sustainable development goals, Aichi goals, and other international treaties. At the domestic level, China has carried out a large number of practices in biodiversity conservation and has formulated relevant national strategies to actively promote the process of biodiversity conservation. The total area of marine nature reserves is 124,000 square kilometers, accounting for about 4.1 percent of the sea area under China’s jurisdiction [48]. The Outline of the 14th Five-Year Plan (2021–2025) for National Economic and Social Development and Vision 2035 of the People’s Republic of China clearly points out that China will implement major biodiversity conservation projects and build biodiversity conservation networks as key projects to improve the quality of the ecosystem; in order to create a sustainable marine ecological environment, China will deeply participate in the formulation and implementation of international ocean governance mechanisms and relevant rules, promote the building of a fair and rational international marine order, and cooperate with coastal countries in the areas of marine environmental monitoring and protection [49].

2.5. Relevant Factors for China’s Decision on the Establishment of High Seas MPAs

Although the development history of high seas MPAs is short, the international community increasingly pays much attention to the environment and resources of the high seas. In this context, the establishment of high seas MPAs has been one of the most important methods of sustainable utilization of resources and the environment in ABNJ. As one of the maritime powers in the world, China cannot stay out of the trends. There are some objective factors to be considered in creating high seas reserves.

2.5.1. The Challenge to the High Sea Fishing Industry

Deep-sea fishing countries are concerned with how to use and interpret provisions of the “high seas freedom of fishing” under the UNCLOS. However, coastal countries focus on how to ensure that their fishery interests within their EEZ will not be subject to the adverse effects of high-seas fishing activities [50]. The prohibition or restriction of fishing in the high seas MPAs is the fundamental significance of the establishment of reserves. Thus, the primary effect of the establishment of high seas MPAs on the existing freedoms of the high seas is the restriction of fishing therein.

Since the People’s Republic of China came into existence, it has failed to fully perform its fishing rights and freedoms in the high seas, which were endowed by international law, and thus, has neglected to use high seas fisheries resources to its advantage to seek prosperity for its people. The domestic high-sea fishing industry took its first step in 1985 when it began to build its high-sea fishing fleet. At present, China has more than 2700 [51] pelagic fishing ships working in waters throughout the world’s oceans, including areas under the jurisdiction of 32 countries in global ocean sea areas. China has been a major producer of aquatic products, with the fact that Chinese production of aquatic products in 2018 accounts for 35% of the global amount [11]. Notably, China has become one of the major ocean fishery countries in the world and, at the same time, one of the countries with the largest volume of fishing.

Along with the pressing need to enhance the management and restriction of the high seas fishery, the development of the ocean fishery is facing many other challenges and restrictions. Based on the current situation worldwide, the restrictions on the high seas’ fishery will become much stricter, and relevant regulations will become increasingly detailed. Under the current background of international environmental law and fisheries regulations, the implementation of the systematic MPAs on the high seas and the establishment of fishing ban measures will undoubtedly make the deep-sea fishing industry bear the brunt of a certain degree of influence and impact. From the Ministry of Agriculture of the PRC, the Department of Fishery released authoritative statistical data from 2006 to 2010, which showed that under the high-seas fishing ban, ocean fisheries production also showed a synchronously declining trend year by year [52].

2.5.2. The Challenge to Resource Exploitation in ABNJ

In recent years, with the gradual development of resource investigation activities by various countries in ABNJ, the issue of marine biodiversity protection is becoming increasingly salient. When humans carry out mining activities at the bottom of the deep ocean, exploiting polymetallic nodules, polymetallic sulfide, and rich cobalt iron–manganese crust, serious threats to marine life on or around the abyssal plain, hydrothermal vents, and seamounts ensue at the same time. Thus, the marine environmental problems resulting from resource exploration and development in the “area” are receiving increasing attention from the international community. The primary body of the waters adjacent to the area belongs to the high seas, even though the resources therein as a whole are subject to the jurisdiction and control of the system of “Area” under the UNCLOS. Thus, the establishment of MPAs in ABNJ will place some restrictions on the exploitation and development of reserves as well as on the development activities and utilization of biological resources. To avoid the emergence of a high seas biodiversity protection system that is in conflict with the region’s current system, the International Seabed Authority has made it clear that it would like to serve as the appropriate forum for enhancing global collaboration for protecting the high seas submarine biodiversity.

At present, the Chinese government has formulated a strategy for developing international seabed polymetallic nodule resources. Since the mid-1970s, China has conducted investigation and exploration activities of oceanic seabed resources. It prioritized the exploitation and development of resources in the relevant areas in the central Pacific Ocean and southwest Indian Ocean. However, China is also facing a disadvantageous situation as the international community is strengthening the environmental protection of the deep seabed against mining activities. China is at the stage of rapid development in the area and is conducting relevant scientific investigations and research activities. Once the high seas reserves are established, its participation and sharing of mineral resources and deep-sea biological resources in the area will suffer a negative impact. Therefore, China should have a long-term strategic view: on the one hand, China must take an active part in survey research, exploration, and development of resources in ABNJ; on the other hand, it should keep an eye on and conduct an in-depth study of the various new trends and policies relating to resource development and environmental protection from international society and the International Seabed Authority to timely and actively adjust its policy and strategy concerning the ocean.

2.5.3. The Challenge to the National Management System

The analysis of the national management system indicates that the construction of MPAs has at least two effects on the existing national management mechanism and related arrangements [53]. First, although the legal framework of marine protection in ABNJ has taken shape, a relatively consistent and unified legal framework governing the establishment of MPAs in ABNJ is yet to be formed. In addition, the high seas reserve itself constitutes constraints to the principle of high seas freedoms, which determines the consistency problem existing in the systems of the high seas reserves and the relevant international treaties. Based on the existing laws and mechanisms, China needs to seek the best way to coordinate the relationship between them. Second, the system of MPAs in ABNJ is different from the national system of MPAs. To build MPAs on the high seas and implement effective protection, one cannot simply and merely focus solely on the domestic laws and regulations about the marine protected area system since domestic and international law are not equivalent. China needs the process of absorption and innovation leading to the development of the system.

Even though the system of high seas protected areas prescribes higher requirements and challenges for the leading countries, which would make them feel unprepared and unfit at the beginning of the construction of reserves, international law in this regard is not helpless. The key lies in the change of political will of the sovereign concerning environmental protection. In particular, some domestic systems that are inconsistent with the regime of high seas protection should be adjusted and adapted.

Given the current state of domestic institutional arrangements and management, China should focus on the following two aspects to ensure coherence with international regimes regarding the protection of the high seas. First, China should strengthen and improve overall planning and should establish high-level mechanisms and systems of coordination suitable for the development of external affairs regarding waters beyond national jurisdiction. Only in this way can China maintain and guarantee its national interests on ABNJ. Second, China should actively build its capacity for maritime law enforcement to adapt and strengthen the enforcement activities of high seas fisheries management.

3. Analysis of Stimulative Factors

In order to achieve China’s prosperity, the United Nations’ goals of sustainable development must be achieved around the world, and China should make sustainable use of global public resources. Therefore, China should make efforts to fill legal gaps, improve marine knowledge, raise marine awareness, promote the conservation and sustainable use of marine resources and biodiversity, and promote blue economic growth.

3.1. Interests in Marine Resources

The wide marine ABNJ contains a variety of strategic resources. These are important strategic resources for the sustainable development of human society and the economy. The setting up of the high seas reserve for the international community has multiple potential benefits, but there is no doubt that resource benefits are the most direct potential benefits. The expansion of coastal states’ sphere of jurisdiction and resource reserves resulting from MPAs is favorable for the economic development of the coastal states.

All rights and resources of the high seas belong to all humanity. Since the high seas are open to the international community, both coastal and landlocked states have an obligation to protect the resources of the high seas from plunder, which is the common obligation of the international community as well as the inevitable choice of the coastal states, given the common interests. China has a large population and a relative shortage of resources per capita. Thus, Chinese sustainable development and prosperity increasingly depend on the ocean as the 21st century is the new ocean century. Therefore, China’s marine resources strategies should be in line with the Scientific Outlook on Development. It should set out to study and make strategic policies relating to effective protection and sensible employment of resources in the early 21st century. To expand the living and development space, study and research should not only focus on the 3 million square kilometers of sea areas under China’s jurisdiction but also the 250 million square kilometers of the high seas. Setting up high seas MPAs not only fits neatly into its strategic interests of conserving resources for sustainable development but also helps to reserve considerable strategic resources for future development.

3.2. Interests in Scientific Research

Many important frontier scientific issues exist in ABNJ. The development and practice of deep-sea science and technology in the last dozen years show that the development of deep-sea and polar technology can drive the development of a series of new industries and new technologies and promote the transformation and upgrading of traditional industries. Moreover, the high seas protected area itself is of great value for scientific research. In the past, only some marine powers could enter the high seas to carry out marine scientific research smoothly. They started their research of marine ecosystems on the high seas much earlier than most developing countries, and their studies have already assumed proportions of a minor industry, while relevant scientific research in most developing countries is at a starting stage due to a lack of funds and technical backwardness. To maintain their cognitive advantages and protect their vested benefits, part of the coastal states and international organizations actively promote the establishment of high seas reserves to enable them to limit the rights of other states to carry out scientific research and resource exploration. Therefore, it is of great importance for developing countries to break the cognitive monopoly of developed countries and enhance their capacity for exploitation.

As a developing country, China’s cognition of science and relevant jurisprudence is not fully-fledged. Thus, China would greatly benefit from strengthening cooperation with the international community, especially the sea powers which have constructed some high seas reserves. China could also improve its scientific knowledge and understanding about ABNJ, including high seas reserves, thus providing scientific support for the construction of high seas MPAs and reflecting its actual existence on the affairs of the high sea. This will help improve the standards of management on the high seas, expanding and safeguarding its national interests and promoting the sustainable development of its marine industry.

3.3. China’s Desire to Make Contributions to Sustainable Development Goals (SDGs)

China aspires to actively engage in world affairs and contribute in its own unique way to the realization of the UN Sustainable Development Goals. Due to the connectivity of the ocean, the impact of marine ecosystems and the impact of ocean development and utilization activities will cross borders, meaning that the global marine situation will have an impact on China. It is estimated that by 2050, the world’s population will range from 9 to 10 billion [54], then the oceans will face greater pressure, and the competition for raw materials, food, and water will be more intense through illegal fishing, climate change, and marine pollution which are already threatening marine health.

At present, the global ocean governance framework is incomplete. Important marine laws are missing, particularly pertaining to the preservation and ethical usage of BBNJ. Established rules and arrangements are often not effectively or uniformly implemented. There is still a long way to go to achieve some important global goals, such as Sustainable Development Goal 14: to conserve and sustainably use the oceans, seas, and marine resources for sustainable development [55]. There is a lack of coordination among relevant international organizations in the marine field. China is committed to strengthening global ocean governance to solve these problems. This is in line with China’s idea of building a community with a shared future for humanity. As a major responsible country, China wants to make its contribution to the protection of marine biodiversity beyond national jurisdiction.

In sum, China should weigh the advantages and disadvantages (as shown in Figure 1 below) of establishing the marine protected areas before making its own decision in order to strike a balance between the conservation and utilization of marine resources.

4. Conclusions

China should collaborate with the international community within the parameters of the Convention, taking into account the high seas regimes and global seabed systems, given the complexity and sensitivity of protecting and harnessing marine biodiversity in ABNJ. China should promote equitable and sustainable use of marine reserves in harmony with ongoing, effective protection of marine biodiversity, particularly in ABNJ, as a responsible power in international maritime affairs. China needs to invest more resources into the study and research of the high seas’ ecosystem as well as international legal regimes to find a way of contributing to the sustainable development of the ocean as well as contributing to global ocean governance in the future.

In the face of a bleak future, humanity’s capacity for alternate decision-making is preserved by nature’s diversity. To this end, we must make the best choice at the moment. As a major responsible country, China must shoulder the responsibility of protecting the earth’s homeland and go all out to achieve the sustainability of marine biodiversity resources. All countries should work together towards a common goal: building a community with a shared future for the world’s oceans.

However, this study does have some potential limitations. As the negotiation of BBNJ is still in progress, the relevant international legal system is still uncertain. Among the current negotiation topics, there are two main issues that may pose great practical challenges to the practice of establishing protected areas on the high seas for China in the future, namely whether MPAs should be established in disputed sea areas and the model of management after establishment. Therefore, the policy’s future research directions will be the practical challenges for China in establishing and managing the marine protected areas on the high seas, especially in the selection of locations and model of management.