海洋遗传资源是国家管辖范围外区域(Areas Beyond National Jurisdiction,以下简称ABNJ)海洋生物多样性谈判的重要内容之一,其管理面临诸多瓶颈,如管理范围未明确、管理主体未确定、法律地位未界定、获取问题和惠益分享问题未解决等。...海洋遗传资源是国家管辖范围外区域(Areas Beyond National Jurisdiction,以下简称ABNJ)海洋生物多样性谈判的重要内容之一,其管理面临诸多瓶颈,如管理范围未明确、管理主体未确定、法律地位未界定、获取问题和惠益分享问题未解决等。本文梳理分析ABNJ渔业资源和矿产资源管理的现状及特点,通过借鉴其管理经验,建议在开展ABNJ海洋遗传资源管理时应当明确管理范围,减少与现有管理框架之间的重复与冲突;加强国际合作,通过一个全球性机构进行统一管理;将海洋遗传资源确定为“人类共同继承财产”;在管理中应用预防性措施,并明确管理规制对非缔约方的强制性;根据不同的惠益分享类型开展管理等。展开更多
This article focuses on two issues. The first concerns definitions of the Northern Sea Route （NSR） in old and new Russian legislation, and the second relates to Russian rules on icebreaker guiding. Based on a compre...This article focuses on two issues. The first concerns definitions of the Northern Sea Route （NSR） in old and new Russian legislation, and the second relates to Russian rules on icebreaker guiding. Based on a comprehensive comparative analysis of relevant Russian legal provisions enacted in 2013 and previous laws in this area, we offer the following conclusions. （1） Our legal analysis indicates that Russia＇s view of the NSR as a historical national transportation route has not changed. However, the new law redefines the scope and coverage of the NSR, which now comprises the internal waters, territorial sea, adjacent zone, and the exclusive economic zone of the Russian Federation. In fact, the new law resolves previous ambiguity regarding extension of the NSR boundary to the high seas. （2） Based on an analysis of the new rules on icebreaker guiding, the article concludes that NSR is transitioning from a mandatory icebreaker guiding regime into a permit regime. This is particularly evident in its provision of a concrete, practical, and predictable clause on permissible or impermissible conditions relating to independent navigation. According to the new rules, it is possible for foreign ships to undertake independent navigation in the NSR. The Russian NSR policy, therefore, appears to have changed significantly, and has future potential for opening the NSR up to the international community.展开更多
Commission for the Conservation of Antarctic Marine Living R esources acts as the executive body for Antarctic fisheries management with Convention on the Conservation of Antarctic Marine Living R esources( CAMLR Conv...Commission for the Conservation of Antarctic Marine Living R esources acts as the executive body for Antarctic fisheries management with Convention on the Conservation of Antarctic Marine Living R esources( CAMLR Convention) as the legal framework. As the only multilateral agreement for the comprehensive management of Antarctic marine living resources,CAMLR Convention has received a wide international recognition. This paper analyzes the highlights of CAMLR Convention in Antarctic fisheries management,namely,open access to membership,sophisticated institutional structure,capability of keeping pace with the times,diplomatic wisdom,measures against IU U,advanced fisheries management philosophies,etc. Meanwhile,Antarctic fisheries management also encounters challenges,which should be addressed in the process of exploration. China is an important fishing state at Antarctic O cean.Investigation for Antarctic fisheries resources and research into its exploitation are of significant importance for China,which calls for the establishment of China's Antarctic fisheries policy.展开更多
文摘海洋遗传资源是国家管辖范围外区域(Areas Beyond National Jurisdiction,以下简称ABNJ)海洋生物多样性谈判的重要内容之一,其管理面临诸多瓶颈,如管理范围未明确、管理主体未确定、法律地位未界定、获取问题和惠益分享问题未解决等。本文梳理分析ABNJ渔业资源和矿产资源管理的现状及特点,通过借鉴其管理经验,建议在开展ABNJ海洋遗传资源管理时应当明确管理范围,减少与现有管理框架之间的重复与冲突;加强国际合作,通过一个全球性机构进行统一管理;将海洋遗传资源确定为“人类共同继承财产”;在管理中应用预防性措施,并明确管理规制对非缔约方的强制性;根据不同的惠益分享类型开展管理等。
基金Marine Science Research Project for Public Welfare "Assessment for Navigability of Arctic Sea Route and Research & Demonstration for Prediction System for Sea Route" (Grant no. 201205007-6)Research Project of Polar Right and Interest, the Department of International Cooperation of the State Oceanic Administration, China
文摘This article focuses on two issues. The first concerns definitions of the Northern Sea Route （NSR） in old and new Russian legislation, and the second relates to Russian rules on icebreaker guiding. Based on a comprehensive comparative analysis of relevant Russian legal provisions enacted in 2013 and previous laws in this area, we offer the following conclusions. （1） Our legal analysis indicates that Russia＇s view of the NSR as a historical national transportation route has not changed. However, the new law redefines the scope and coverage of the NSR, which now comprises the internal waters, territorial sea, adjacent zone, and the exclusive economic zone of the Russian Federation. In fact, the new law resolves previous ambiguity regarding extension of the NSR boundary to the high seas. （2） Based on an analysis of the new rules on icebreaker guiding, the article concludes that NSR is transitioning from a mandatory icebreaker guiding regime into a permit regime. This is particularly evident in its provision of a concrete, practical, and predictable clause on permissible or impermissible conditions relating to independent navigation. According to the new rules, it is possible for foreign ships to undertake independent navigation in the NSR. The Russian NSR policy, therefore, appears to have changed significantly, and has future potential for opening the NSR up to the international community.
基金This paper is supported by China’s National Social Science Foundation entitled“Research on China’s Policy on Antarctic Krill Fishery”(17BGJ014),“Safeguard of National Marine Rights and Interests”(17VHQ010)and Japan Society for the Promoting of Science Int
文摘Commission for the Conservation of Antarctic Marine Living R esources acts as the executive body for Antarctic fisheries management with Convention on the Conservation of Antarctic Marine Living R esources( CAMLR Convention) as the legal framework. As the only multilateral agreement for the comprehensive management of Antarctic marine living resources,CAMLR Convention has received a wide international recognition. This paper analyzes the highlights of CAMLR Convention in Antarctic fisheries management,namely,open access to membership,sophisticated institutional structure,capability of keeping pace with the times,diplomatic wisdom,measures against IU U,advanced fisheries management philosophies,etc. Meanwhile,Antarctic fisheries management also encounters challenges,which should be addressed in the process of exploration. China is an important fishing state at Antarctic O cean.Investigation for Antarctic fisheries resources and research into its exploitation are of significant importance for China,which calls for the establishment of China's Antarctic fisheries policy.
