深海海底区域资源开发:国际国内法律联动机制的运行机理与实现路径OA

Resource exploitation in the deep seabed area not only carries significant strategic value but is also crucial to the long‐term goal of building a maritime power.The inclusion of provisions on deep‐sea ecological and environmental protection in the Ecological and Environmental Code(Draft)signifies China's transition in deep‐sea governance from fragmented legislation to codified protection.Meanwhile,the deep seabed area and its resources are recognized as the common heritage of humankind,and activities therein are gov‐erned by the United Nations Convention on the Law of the Sea(UNCLOS)and its annexes,as well as the regulations of the International Seabed Authority.Therefore,it is necessary to explore the pathways for international‐domestic legal coordination in deep seabed area re‐source exploitation.This study employs methods such as case analysis,comparative studies,and legal text analysis and interpretation,focusing on the international‐domestic legal coordination mechanism for deep seabed area resource exploitation.By examining the sta‐tus quo and issues of domestic rule of law under the Ecological and Environmental Code(Draft)and international rule of law within the evolving context of global ocean governance regarding deep seabed area resource exploitation,it explores the operational logic and im‐plementation pathways of the international‐domestic legal coordination mechanism,aiming to achieve connection and synergy between international and domestic law in this field.The findings indicate that the operation of the international‐domestic legal coordination mechanism should be based on a two‐way interaction between international and domestic law,guided by the concept of a human commu‐nity with a shared future,and supported by coordination theory.Its generative logic should take the value consensus of taking"common‐ality"as a starting point,adopt a coordinating means centered on balancing interests,and aim at realizing sustainable development as the ultimate goal.The study proposes that the Ecological and Environmental Code should serve as the primary legal vehicle for imple‐menting the international‐domestic legal coordination mechanism.It suggests enhancing the translation and incorporation of internation‐al law into domestic law,strengthening the extraterritorial application and rule output of domestic regulations,and establishing a safe‐guarding institutional framework across four dimensions:risk prevention and control,judicial facilitation,regulatory enforcement,and international cooperation.Under the premise of prioritizing national environmental rights and interests,the development of international and domestic law can be advanced in a coordinated manner.