Discussion on the Marine Protected Area on the High Seas: From the Perspective of Obligations Erga Omnes Partes

The BBNJ Agreement promotes the conservation and sustainable use of high seas marine biodiversity through the establishment of high seas protected areas. The high seas biodiversity protected by the Agreement has the nature of “obligations erga omnes partes” on an ex officio basis, but in judicial practice it is subject to a finding by the International Court of Justice that the adoption of treaty-based institutional arrangements is in the “collective interest” and that it is in the “collective interest” to adopt such arrangements. The BBNJ Agreement is currently not a “collective interest” agreement in terms of the management of the BBNJ Agreement. At present, the hybrid management model adopted in the BBNJ Agreement does not reflect the collective interest in substance, and cannot resolve the conflict between the establishment of protected areas on the high seas and other area-based management tools, so it is necessary to further harmonize the relationship between the Conference of Parties to the BBNJ and the IFB, and to strengthen the mandate of the COP.