《联合国海洋法公约》四十年:旧制度与气候变化的新挑战OA北大核心CHSSCDCSSCI

UNCLOS has been in place for more than 40 years,establishing the international legal order for the ocean and promoting international ocean governance based on the sublate of previous ocean treaties.Climate change has had many impacts on the marine environment.Due to the fact that the institutional design of UNCLOS is based on the concept of property in traditional International Law and seeks to achieve international ocean governance,including social goals such as protecting the marine environment,there is an inherent tension between the institutional design of"modularization"of the ocean and achieving the goal of sustainable development of the ocean.The convention is still difficult to effectively regulate marine climate change.There are also institutional"gaps"between UNCLOS and International Climate Change Law,and the limitations of International Law restrict the formation of greater"synergy"between Ocean Law and International Climate Change Law in effectively addressing the impact of climate change on the ocean.It is necessary to strengthen cooperation and coordination between the two.Through the evolution and even innovative interpretation of treaties,the development of implementation agreements for UNCLOS,and increasing attention to the ocean in international climate treaties,we aim to tap into the potential of UNCLOS regulation in this field,fill the"gaps"in the system,and make UNCLOS a dynamic and up-to-date treaty,in order to achieve the initial goal of synergy between International Ocean Law and International Climate Change Law through the planning of specific paths.Some provisions of UNCLOS should be applicable to addressing climate change under certain conditions.