An institutional framework for addressing marine genetic resources under the proposed treaty for marine biodiversity in areas beyond national jurisdiction

AbstractLife on earth, the climate, the air we breathe, the water we drink and the food we eat are to a large degree dependent on the health of the oceans and its biodiversity, which supports the global ecosystem. Ocean ecosystems provide essential services, food security and livelihoods to human beings all over the world. Yet, the oceans are currently or potentially threatened by human activities and their consequences, including: overfishing, destructive fishing practices, climate change, pollution from many sources, ocean acidification, habitat destruction, the spread of alien species, mineral exploration and exploitation, ocean dumping, underwater noise, marine debris, carbon sequestration, pipelines and cables, tourism, bioprospecting and marine scientific research. If we are to continue to benefit from the resources and services provided by the oceans, we must take urgent action to counter these threats. Some problems are already being addressed in various international instruments, most of which apply beyond national jurisdiction. However, because of the seriousness of the threats to marine ecosystems, States are considering whether existing measures are sufficient. Furthermore, with the recognition of the need to take an integrated, ecosystem approach to ocean management, some States are calling for an implementing agreement to the UN Law of the Sea Convention (LOSC) to address both the conservation and the sustainable use of marine biological resources beyond national jurisdiction. This paper examines the legal background and urges States to elaborate an implementing agreement to the LOSC to create a new regime for marine biodiversity and genetic resources beyond national jurisdiction.

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33 Conserving Marine Biodiversity in Areas Beyond National Jurisdiction: Co-Evolution and Interaction with the Law of the Sea

10.1093/law/9780198715481.003.0033 ◽

2015 ◽

Author(s):

Warner Robin M

Keyword(s):

Biodiversity Conservation ◽

Sustainable Use ◽

Institutional Framework ◽

Law Of The Sea ◽

Marine Biodiversity ◽

Basic Principles ◽

Multilateral Agreement ◽

National Jurisdiction ◽

The Law

This chapter explores key normative features of the legal and institutional framework for areas beyond national jurisdiction (ABNJ) and their applicability to the conservation of marine biodiversity. It considers gaps and disconnects in that framework and global and regional initiatives to develop the legal and institutional framework for conservation and sustainable use of marine biodiversity in ABNJ. It suggests that the biodiversity conservation elements of any multilateral agreement adopted under the umbrella of the UN Nations Convention on the Law of the Sea (LOSC) should be designed to implement the spirit and intent of Part XII provisions of the LOSC, rather than radically changing the basic principles and inherent balance of the law of the sea.

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The exploitation of deep-sea biodiversity

Natural Capital and Exploitation of the Deep Ocean ◽

10.1093/oso/9780198841654.003.0007 ◽

2020 ◽

pp. 127-140

Author(s):

Harriet Harden-Davies

Keyword(s):

Genetic Resources ◽

Deep Sea ◽

Sustainable Use ◽

Deep Ocean ◽

Legal Framework ◽

Global Ocean ◽

Marine Biodiversity ◽

Technological Advances ◽

Governance Challenges ◽

National Jurisdiction

Humans have been harnessing the natural properties of marine organisms for millennia—initially in their unprocessed form for sustenance, and more recently via extracted products as biomaterials, functional food ingredients, and medicines. As accelerating scientific and technological advances open up the deep ocean, potential avenues to exploit components and characteristics of marine biodiversity are revealed. To keep pace with such innovations and to promote equitable and sustainable activities, the international legal framework has evolved over recent decades to address the conservation and sustainable use of biodiversity, together with the sharing of benefits arising from the utilisation of genetic resources. Gaps remain, however, particularly for the deep, remote and technologically demanding ocean areas beyond national jurisdiction (ABNJ) that account for more than 60 per cent of the global ocean. The question of how to share benefits from marine genetic resources is one of the most contentious issues in ongoing negotiations for the development of a new international legally binding instrument for the conservation and sustainable use of marine biodiversity in ABNJ under the 1982 United Nations Convention on the Law of the Sea (UNCLOS). In this chapter, the potential exploitation of deep-sea biodiversity is considered, and the governance challenges associated with the sharing of benefits are discussed. Associated opportunities and challenges for the conservation and sustainable use of deep-sea biodiversity are discussed. The development of a new legal instrument under UNCLOS provides a central focus for the discussion in this chapter.

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On the Legal Status of Marine Genetic Resources in Areas beyond National Jurisdiction

Sustainability ◽

10.3390/su13147993 ◽

2021 ◽

Vol 13 (14) ◽

pp. 7993

Author(s):

Chuanliang Wang

Keyword(s):

Genetic Resources ◽

Legal Status ◽

Sustainable Use ◽

Global Ocean ◽

Marine Biodiversity ◽

Research Approach ◽

National Jurisdiction ◽

Development And Utilization ◽

The Law ◽

Geographical Scope

The question of how to define the legal status of marine genetic resources (hereinafter MGRs) in areas beyond national jurisdiction (hereinafter ABNJ) is one of the important issues in the negotiation of the International Legally Binding Instrument under United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biodiversity of Areas beyond National Jurisdiction. According to the theory of the order and justice value of the law, in combining the experiences of the international community in handling global ocean problems and characteristics of MGRs in ABNJ, it can be said that MGRs in ABNJ have the legal attribute of being the common heritage of mankind (hereinafter CHM). From the perspective of the principle of CHM, in applying the subject, object and content elements of legal relations as the research approach, the legal status of MGRs in ABNJ should be defined as follows: Firstly, an international management body should be established and the scope of actual resource developers should be defined in terms of subject elements. Secondly, the temporal scope, geographical scope and material scope of MGRs in ABNJ should be clarified in terms of object elements. Thirdly, the disposition of rights and obligations in the process of development and utilization of MGRs in ABNJ should be defined in terms of content elements.

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