scholarly journals Mare Geneticum: Balancing Governance of Marine Genetic Resources in International Waters

2018 ◽  
Vol 33 (1) ◽  
pp. 3-33 ◽  
Author(s):  
Arianna Broggiato ◽  
Thomas Vanagt ◽  
Laura E. Lallier ◽  
Marcel Jaspars ◽  
Geoff Burton ◽  
...  
Keyword(s):  
Open Access ◽  
Private Sector ◽  
Genetic Resources ◽  
Transaction Cost ◽  
Scientific Research ◽  
Benefit Sharing ◽  
The Public ◽  
Delicate Balance ◽  
Monetary Benefit ◽  
National Jurisdiction

Abstract A fair and effective regime regulating benefit-sharing of marine genetic resources (mgr) in areas beyond national jurisdiction (abnj) must consider the inclusion of developing states, support scientific research and safeguard investments of the private sector. The present innovative proposal ensures a delicate balance through an approach based on open access, albeit with limitations. Access to mgr in abnj is facilitated, but conditional on the public release of collected samples and raw data. Adoption of the open access principle guarantees a powerful form of non-monetary benefit-sharing. The balance is maintained by the option for an extended embargo period, allowing samples and data to be kept confidential for a certain period, against payment to a biodiversity contribution fund. Monetary benefit-sharing, as a sector-negotiated percentage on revenue, could be imposed at the point of product commercialisation, and would offer a tangible payment system with a low transaction cost.

scholarly journals Marine Genetic Resources in Areas Beyond National Jurisdiction: Promoting Marine Scientific Research and Enabling Equitable Benefit Sharing

2021 ◽  
Vol 8 ◽  
Author(s):  
Alex D. Rogers ◽  
Amy Baco ◽  
Elva Escobar-Briones ◽  
Kristina Gjerde ◽  
Judith Gobin ◽  
...  
Keyword(s):  
Technology Transfer ◽  
United Nations ◽  
Genetic Resources ◽  
Biological Diversity ◽  
Science And Technology ◽  
Sustainable Use ◽  
Scientific Research ◽  
Benefit Sharing ◽  
National Jurisdiction ◽  
The United Nations

Growing human activity in areas beyond national jurisdiction (ABNJ) is driving increasing impacts on the biodiversity of this vast area of the ocean. As a result, the United Nations General Assembly committed to convening a series of intergovernmental conferences (IGCs) to develop an international legally-binding instrument (ILBI) for the conservation and sustainable use of marine biological diversity of ABNJ [the biodiversity beyond national jurisdiction (BBNJ) agreement] under the United Nations Convention on the Law of the Sea. The BBNJ agreement includes consideration of marine genetic resources (MGR) in ABNJ, including how to share benefits and promote marine scientific research whilst building capacity of developing states in science and technology. Three IGCs have been completed to date with the fourth delayed by the Covid pandemic. This delay has allowed a series of informal dialogues to take place between state parties, which have highlighted a number of areas related to MGR and benefit sharing that require technical guidance from ocean experts. These include: guiding principles on the access and use of MGR from ABNJ; the sharing of knowledge arising from research on MGR in ABNJ; and capacity building and technology transfer for developing states. In this paper, we explain what MGR are, the methods required to collect, study and archive them, including data arising from scientific investigation. We also explore the practical requirements of access by developing countries to scientific cruises, including the sharing of data, as well as participation in research and development on shore whilst promoting rather than hindering marine scientific research. We outline existing infrastructure and shared resources that facilitate access, research, development, and benefit sharing of MGR from ABNJ; and discuss existing gaps. We examine international capacity development and technology transfer schemes that might facilitate or complement non-monetary benefit sharing activities. We end the paper by highlighting what the ILBI can achieve in terms of access, utilization, and benefit sharing of MGR and how we might future-proof the BBNJ Agreement with respect to developments in science and technology.

Marine Genetic Resources in Areas beyond National Jurisdiction: Issues with, in and outside of UNCLOS

2017 ◽  
Vol 20 (1) ◽  
pp. 71-97 ◽  
Author(s):  
Natalie Y. Morris-Sharma
Keyword(s):  
Genetic Resources ◽  
Intellectual Property Rights ◽  
Biological Diversity ◽  
Scientific Research ◽  
Benefit Sharing ◽  
Nagoya Protocol ◽  
Point Of Entry ◽  
Common Heritage Of Mankind ◽  
Balance Of Interests ◽  
National Jurisdiction

The negotiations for a new international legally binding instrument under UNCLOS, on marine biological diversity in areas beyond national jurisdiction, has brought to the fore interesting questions over the applicable regime for marine genetic resources, including issues of benefit sharing. This article examines the different principles that have been suggested as applying to marine genetic resources, as well as suggestions of middle-of-the-way approaches. The freedom of the high seas, common heritage of mankind, common concern of humankind, Part xiii of UNCLOS on marine scientific research, and the Nagoya Protocol, are reflected on in turn. Brief reflections are also offered on the matter of intellectual property rights. This article recognizes the need for coherence with the existing UNCLOS regimes that apply to the areas beyond national jurisdiction, whilst taking into account the specific characteristics of marine genetic resources. There is potential utility in distilling means by which the seemingly diametrically opposed notions in Part vii and Part xi of UNCLOS may overlap. Perhaps the best point of entry for successful navigation of the issues is through the regime for marine scientific research, appropriately informed by other experiences, other existing agreements, and related regimes. Ultimately, the new implementing agreement, like its parent treaty (UNCLOS), will need to maintain a balance of interests.

scholarly journals Inclusive innovation: Enhancing global participation in and benefit sharing linked to the utilization of marine genetic resources from areas beyond national jurisdiction

Marine Policy ◽  
2019 ◽  
Vol 109 ◽  
pp. 103696 ◽  
Author(s):  
Jane Eva Collins ◽  
Harriet Harden-Davies ◽  
Marcel Jaspars ◽  
Torsten Thiele ◽  
Thomas Vanagt ◽  
...  
Keyword(s):  
Genetic Resources ◽  
Benefit Sharing ◽  
Inclusive Innovation ◽  
National Jurisdiction

Current ‘Light’ and ‘Heavy’ Options for Benefit-sharing in the Context of the United Nations Convention on the Law of the Sea

2018 ◽  
Vol 33 (4) ◽  
pp. 683-705 ◽  
Author(s):  
Gaute Voigt-Hanssen
Keyword(s):  
United Nations ◽  
Genetic Resources ◽  
Technological Development ◽  
Benefit Sharing ◽  
Law Of The Sea ◽  
Access And Benefit Sharing ◽  
National Jurisdiction ◽  
United Nations Convention ◽  
The United Nations ◽  
The Law

Abstract An international legally binding instrument under the United Nations Convention on the Law of the Sea (LOSC) will need to address “Marine Genetic Resources (MGRs), including questions on the sharing of benefits” from areas outside national jurisdiction (ABNJ). Existing international models of benefit-sharing have all evolved in the context of national jurisdiction and cannot readily be put to use in ABNJ. Current use of MGRs from ABNJ is practically non-existent, although any instrument or model would have to both cater for this situation and provide for any potential technological development and increase in use. The aim of this paper is to provide a simplified overview of options for access and benefit-sharing, drawing on existing models from international and national instruments. Existing options could be analysed through separating access from benefit-sharing and assessing them factually in terms of how ‘light’ and ‘heavy’ they are.

scholarly journals Developing a Methodology to Balance Benefit-Sharing: Application in the Context of Biodiversity Beyond National Jurisdiction

2020 ◽  
Vol 1 (1) ◽  
pp. 24-39
Author(s):  
Jane Eva Collins ◽  
Aysegul Sirakaya ◽  
Thomas Vanagt ◽  
Isabelle Huys
Keyword(s):  
Research Funding ◽  
Sequence Data ◽  
Sustainable Use ◽  
Decision Makers ◽  
Benefit Sharing ◽  
Access And Benefit Sharing ◽  
Genetic Sequence ◽  
Monetary Benefit ◽  
Starting Point ◽  
National Jurisdiction

The effectiveness and success of benefit-sharing measures to date, particularly in contributing towards the conservation and sustainable use of biodiversity, has been questionable. This is likely related to the degree of beneficial impacts versus burden on the users and regulatory authorities in terms of administrative complexities. It is, therefore, timely to reconsider which forms of benefit-sharing may most favourably balance the associated beneficial and burdensome aspects. The aim of this paper is to develop and demonstrate a benefit-sharing balance methodology which can be used as a tool to help decision-makers to select options in an objective and transparent manner. Application in the biodiversity beyond national jurisdiction context provides a useful example of how this tool can be used. Results suggest that sharing of genetic sequence data and research results provide the most favourable balance in terms of non-monetary benefit sharing, whilst the most favourable monetary benefit-sharing options were associated with research funding and salaries. The benefit-sharing balance methodology presented here provides a useful tool and starting point, which can be built upon in the future, to include more detailed information gathered from expert groups to consolidate the perceived balance of beneficial impacts versus burden. In addition, the equation can be tailored according to different policy settings where different benefit-sharing factors may be more appropriate. Ultimately, use of this tool could help to enhance implementation of benefit-sharing policies/legislation with greater potential to balance beneficial impacts with associated burden, thereby enhancing workability of the access and benefit-sharing system as a whole.

scholarly journals The contribution of CSR during the covid-19 period in Greece: A step forward

2020 ◽  
Vol 1 (1) ◽  
pp. 238
Author(s):  
Dimitrios Kritas ◽  
Stylianos - Ioannis Tzagkarakis ◽  
Zoi Atsipoulianaki ◽  
Symeon Sidiropoulos
Keyword(s):  
Health Care ◽  
Public Sector ◽  
Private Sector ◽  
Health Care Services ◽  
Scientific Research ◽  
Critical Position ◽  
The Public ◽  
Global Institutions ◽  
Care Services ◽  
The Social

The spread of the Covid-19 brought global institutions, societies, states and economies in a critical position as they encounter a new worldwide multilevel crisis. At the same time, states have had to handle this crisis acquiring an interventionist role, protecting the social and economic cohesion, providing better health care services for their citizens and investing in scientific research, as a means to restrict this new pandemic. In order to handle that situation and its consequences, the use of all the available resources became necessary as well as the improvement of the cooperation between the private and the public sector. In Greece private sector has shown an unprecedented willingness for Greece’s CSR tradition, to contribute government’s efforts.

Marine Genetic Resources in Areas beyond National Jurisdiction: Access and Benefit-Sharing

2012 ◽  
Vol 27 (2) ◽  
pp. 375-433 ◽  
Author(s):  
Petra Drankier ◽  
Alex G. Oude Elferink ◽  
Bert Visser ◽  
Tamara Takács
Keyword(s):  
Genetic Resources ◽  
Biological Diversity ◽  
Plant Genetic Resources ◽  
Benefit Sharing ◽  
Convention On Biological Diversity ◽  
Access And Benefit Sharing ◽  
Food And Agriculture ◽  
Food And Agriculture Organization ◽  
National Jurisdiction ◽  
Legal Frameworks

Abstract This report examines whether it is possible for the research and use of marine genetic resources in areas beyond national jurisdiction (ABNJ) to follow an approach based on the system that is being used with plant genetic resources in areas within national jurisdiction, as developed by the Food and Agriculture Organization. Part IV of the International Treaty on Plant Genetic Resources for Food and Agriculture contains the multilateral system of access and benefit-sharing. In addition, the report considers the implications of relevant provisions as contained in the Law of the Sea Convention, the Convention on Biological Diversity, the Antarctic Treaty System, as well as instruments on intellectual property rights. The report concludes with an assessment of the options within existing legal frameworks for accommodating an access and benefit-sharing system for marine genetic resources originating from ABNJ, and provides suggestions to move the international debate forward.

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