China's Marine Protected Areas Legal Challenges and Global Engagement within and Beyond National Jurisdiction

Abstract

This paper explores the legal challenges and global engagements surrounding China's Marine Protected Areas (MPAs) within its national jurisdiction and beyond, including its participation in the negotiations concerning marine biodiversity in areas beyond national jurisdiction (ABNJ). With over three decades of MPA management experience, China has established more than 250 sites, yet needs to improve its effectiveness. The study highlights obstacles such as the absence of systematic approaches, inadequate regulatory frameworks, governance inefficiencies, and conflicts between conservation and exploitation interests. Furthermore, the paper examines China's participation in international discussions on marine biodiversity, particularly its involvement in negotiations related to MPAs under the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction (the BBNJ Agreement). By addressing these issues, this study contributes to informed decision-making and effective strategies for marine conservation in China and globally.