Abstract:
The ratification of the BBNJ Agreement represents a significant milestone in the evolution of international ocean governance. The effective management of BBNJ marine protected areas (MPAs) is crucial to achieving the Agreement's objectives. However, the unequal distribution of discourse power in this evolving system has turned it into a privilege for a select few countries, rather than a right for the majority. Although the “due regard” principle was originally conceived to balance competing interests, its current interpretation and practice disproportionately favor developed coastal states, overlooking the rights of developing countries and geographically disadvantaged states. This imbalance poses a threat to the vision of good governance through universal participation. In this context, China’s approach to constructing institutional discourse power requires a strategic integration of national interests with global common interests. This necessitates a reinterpretation of the “due regard” principle to establish a discourse position that is legitimate, reasonable, and just. Moreover, leveraging the role of international organizations as law-makers and promoting “soft law governance” is essential to amplify the voices of developing countries and geographically disadvantaged states. As a responsible maritime power, China can adopt multifaceted identities and issue-linkage strategies to craft package deals and effectively advocate for the due regard of these countries through soft law pathways. By transforming these discourse initiatives into institutional arrangements via international cooperation and exemplary practices, China can strengthen its discourse power in the community of shared future for the ocean, ensuring that national and global interests are harmoniously aligned.