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| The Relationship between a Community with Shared Future for Mankind and Development of International Law of the Sea#br# — From the perspective of Establishing the BBNJ International Agreement |
| Wang Chuanliang1, YenChiang Chang2 |
1. School of Law, Shandong Normal University, Jinan 250358;
2. School of Law, Dalian Maritime University, Dalian 116026, China |
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Abstract The BBNJ International Agreement is the latest institutional development of international law of the sea. There is a realistic need to cohere international consensus with the concept of a “Community with Shared Future for Mankind” during the negotiation process of the agreement. This paper analyses the theoretical foundations of the concept of a “Community with Shared Future for Mankind” under the background of international law of the sea from three dimensions, that is, interests, values and responsibilities. It then analyses the institutional bases of the concept of a “Community with Shared Future for Mankind” in the BBNJ International Agreement from four core issues of the agreement: marine genetic resources including questions on benefitsharing, areabased management tools, environmental impact assessments, capacity building and marine technology transfer. After elaborating on the problems in the current marine legal system, the authors advocate that the international consensus should be reached through the concept of a “Community with Shared Future for Mankind” and the BBNJ International Agreement be established with the principle of Common Heritage of Mankind as the core of the agreement.
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