全球气候变化对海洋环境资源制度的挑战与应对OACHSSCD

The impacts of global climate change on the ocean have transcended the scope of science and technology and extended to the legal dimension,driving profound interaction between the marine environmental and resource regime and climate governance.The marine environmental and resource regime,which draws its legal sources from both international law and domestic law,is gradually evolving toward a climate-adaptive orientation.In this process,the international institutional transformation has confronted a dual dilemma:divergent interpretations of existing rules under the United Nations Convention on the Law of the Sea(UNCLOS)and the absence of supporting implementation mechanisms for the BBNJ Agreement.Domestic institutional development faces challenges including the supplementation of supporting rules under the framework of the Ecological Environment Code,coordinated safeguards for law enforcement and judicial practice,and the coherence between international and domestic legal systems.In response,from the perspective of international law,efforts should be made to foster a common interpretative understanding of key rules and establish a supporting soft law governance framework centering on the climate response provisions of the BBNJ Agreement.Within the domestic legal context,it is necessary to improve supporting institutions based on the coordinating role of the Ecological Environment Code,refine the inter-departmental law enforcement coordination mechanism and the system of judicial discretion benchmarks,and advance the climate-adaptive transformation of the marine environmental and resource legal regime through forward-looking institutional construction.