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.

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.