Theoretical Analysis and Specific Paths of the Alignment of China's Ocean Law with the BBNJ Agreement
With the conclusion of the BBNJ Agreement negotiations and an increasing number of countries signing the agreement,the agreement is on the verge of coming into effect.Given the principle of pacta sunt servanda,the significant impact of the BBNJ Agreement on international marine management,and the practical needs of our country to become a maritime power,it is essential for China's ocean rule of law to align with the BBNJ Agreement.Theoretically,it is necessary to adopt the concept of a shared future for marine communities as the guiding principle,to prioritize alignment in the construction of China's foreign-related legal system,and to adjust the macro-legislative principles of China's marine rule of law as the legislative basis for promoting alignment.Practically speaking,it is recommended that China approach the alignment in the three aspects of legislation,law enforcement,and judiciary.The drafting of the Basic Marine Law should be accelerated and the current marine-related laws should be revised so as to align with the BBNJ Agreement.The functions of administrative law enforcement agencies should be optimized to align with the requirements of the BBNJ Agreement and ensure the effective imple-mentation of international rules.Courts should be encouraged to refer to the BBNJ Agreement in their adjudications,using legal judgments to facilitate the application of international treaties.
BBNJ Agreementmarine community of shared futuremaritime powerocean lawsforeign-related rule of law