Currently, the issue of marine biodiversity in areas beyond national jurisdiction (ABNJ) has made a lot of significant progress in both international legislative process and national practices. As a State Party to UNCLOS, China has actively participated in the negotiations of the BBNJ agreement, in which the marine protected areas (MPAs) as one of the area-based management tools have been an issue of great concern. It is considered to be a feasible and direct conservation tool. In order to evaluate the possibility of China’s participation in the establishment of MPAs in the future, this paper analyzes the drivers for and limits on China’s involvement in the construction of MPAs in the context of the current Chinese situation. And it also puts forward possible countermeasures on how to deal with the challenges brought by the MPAs in ABNJ to China. It is concluded that there is a great possibility that China will eventually choose to participate in the establishment of MPAs in ABNJ as China advocates the concept of a maritime community with a shared future.

Due to the several undiscovered and valuable gene and mineral resources, marine biodiversity is considered a strategic asset for socio-economic development. However, marine biodiversity is facing grave threats, particularly in areas beyond national jurisdiction (ABNJ), where sustainable management and effective implementation of governance is yet lacking. Here existing international legal regimes with the protection of marine biodiversity in areas beyond national jurisdiction are briefly summarized, focusing on potential factors influencing China’s policymaking on the construction of marine protected areas on the high seas. It is concluded that China should actively participate in international negotiations and seriously assess the impacts of establishing these protected areas before making its own decision in order to achieve the sustainable conservation and management of marine biodiversity in areas beyond national jurisdiction. In addition, the policy’s future research directions will be the practical challenges for China to establish and manage the marine protected areas on the high seas, especially in the selection of locations and the model of management.

As a globally significant marine ecosystem, the South China Sea faces multiple challenges including overfishing, ecological degradation, and geopolitical conflicts. To balance ecological conservation with resource development needs, establishing a South China Sea National Marine Park has emerged as a critical strategy. This paper employs literature analysis, comparative research, and policy evaluation methods to investigate legal governance frameworks for the marine park. The study reveals that China’s current marine conservation legal framework faces challenges such as fragmented legislation, weak enforcement mechanisms, and inadequate integration between international and domestic laws, which hinder cross-border ecological cooperation. To address these issues, the paper proposes enhancing specialized domestic legislation, optimizing enforcement and supervision systems, and promoting regional marine conservation agreements to establish a legal framework tailored to the South China Sea’s unique characteristics. The research also demonstrates that legal development for the marine park must reconcile ecological integrity with geopolitical realities, fostering regional cooperation and trust through legal innovation. This study offers a feasible legal pathway for ecological governance in disputed waters while laying the foundation for sustainable blue economy development.

Establishing a National Marine Park (NMP) in the South China Sea (SCS) plays a pivotal role in protecting marine biodiversity, mitigating ecological threats caused by human activities, and promoting sustainable development. This study evaluates the necessity and feasibility of establishing an NMP in the South China Sea from three dimensions: ecological conservation, economic benefits, and regional governance. Based on a comprehensive review of the current legislative status regarding national marine parks in China, it points out four pressing legal issues that need to be addressed for the construction of an NMP in the South China Sea. These issues include jurisdictional disputes over the waters of the South China Sea, gaps in domestic laws and regulations pertaining to marine parks, fragmented enforcement mechanisms, and the absence of specialized dispute resolution institution. The study proposes resolving these issues by initially establishing marine park pilot projects in waters without jurisdictional disputes, improving domestic specialized legislation and supporting implementation regulations, enhancing enforcement mechanisms, and establishing specialized dispute resolution institution to ensure the smooth construction and maintenance of the NMP in the South China Sea. With the formal establishment of the NMP in the South China Sea and the implementation of subsequent conservation and management measures, the marine ecosystem in the South China Sea will receive better protection, marking an important step for China in leading marine environmental governance in the region and serving as a model for practicing the concept of a “Marine Community with a Shared Future” in the South China Sea.