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.

NEGOTIATING CONSERVATION AND SUSTAINABLE USE OF MARINE BIOLOGICAL DIVERSITY IN AREAS BEYOND NATIONAL JURISDICTION: PROSPECTS AND CHALLENGES

2015 ◽  
Vol 24 (1) ◽  
pp. 61-93
Author(s):  
Tullio Scovazzi
Keyword(s):  
United Nations ◽  
Genetic Resources ◽  
Protected Areas ◽  
Marine Protected Areas ◽  
Biological Diversity ◽  
Sustainable Use ◽  
The European Union ◽  
Marine Biological ◽  
National Jurisdiction ◽  
The United Nations

Negotiations will start at the United Nations in order to draft an agreement on conservation and sustainable use of marine biological diversity beyond national jurisdiction. It will address, together and as a whole, marine genetic resources, including questions on the sharing of benefits, area-based management tools, including marine protected areas, environmental impact assessments, capacity building and transfer of marine technology. The new agreement would fill certain gaps currently existing in the United Nations Convention on the Law of the Sea. It could include provisions for strategic impact assessment of activities affecting the environment, the creation of a network of high seas marine protected areas of world importance and the establishment of a new regime for the exploitation of genetic resources. The question is open whether such a new regime should be based on the principle of the freedom of the seas, and in this case the very need of such a regime becomes questionable, or rather on the principle of common heritage of mankind. A third possibility involves a pragmatic approach, as proposed by the European Union and its Member States, an approach that however is still to be defined in its concrete elements.

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 Common Heritage of Mankind and the Deep Seabed Area Beyond National Jurisdiction: Past, Current, and Future Prospects

2021 ◽  
Vol 55 (6) ◽  
pp. 40-52
Author(s):  
Edwin Egede ◽  
Eden Charles
Keyword(s):  
United Nations ◽  
Biological Diversity ◽  
Sustainable Use ◽  
Future Prospects ◽  
Common Heritage ◽  
United Nations General ◽  
Common Heritage Of Mankind ◽  
National Jurisdiction ◽  
The United Nations ◽  
International Seabed Authority

Abstract The common heritage of mankind (CHM) is of a relatively recent origin. This study examines Arvid Pardo's speech to the United Nations General Assembly in 1967, in which he urged that body to designate the seabed beyond national control as CHM. The commentary next looks at Part XI of the United Nations Convention on the Law of the Sea 82, as amended by the 1994 Agreement, which incorporates the CHM as a core principle governing mineral mining in the deep bottom area beyond national jurisdiction. Finally, it discusses CHM's future prospects in relation to the draft International Seabed Authority (ISA) Exploitation Regulations, the Enterprise, an ISA organ that has yet to be operationalized, and ongoing discussions about an international legally binding instrument on the conservation and sustainable use of marine biological diversity under the UNCLOS. The purpose of this study is to highlight the complexity surrounding the CHM, which is a key principle governing deep seabed activities.

Redefining environmental stewardship to deliver governance frameworks for marine biodiversity beyond national jurisdiction

2017 ◽  
Vol 75 (1) ◽  
pp. 435-443 ◽  
Author(s):  
Penelope Ridings
Keyword(s):  
United Nations ◽  
Biological Diversity ◽  
Sustainable Use ◽  
Environmental Stewardship ◽  
Benefit Sharing ◽  
Marine Biodiversity ◽  
General Assembly ◽  
Access And Benefit Sharing ◽  
Legal Principles ◽  
National Jurisdiction

Abstract In 2015 the United Nations General Assembly decided to develop an international legally binding instrument (ILBI) under the United Nations Convention on the Law of the Sea (UNCLOS) on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction. To that end, it established a Preparatory Committee (PrepCom), to make substantive recommendations to the General Assembly on the elements of a draft text of an ILBI. The PrepCom has identified the tension between the principle of the common heritage of mankind and high seas freedoms embodied in UNCLOS as one of the issues which must be addressed in such an international agreement. Some participants in the process have proposed a sui generis regime as a way of resolving any apparent clash of these international legal principles, particularly as it relates to marine genetic resources and their access and benefit sharing. This article argues that environmental stewardship may provide the framework for such a sui generis regime. For it to do so, however, it must be grounded in international legal principles and act as a balance between competing values, perspectives and interests in the conservation and sustainable use of marine biodiversity beyond national jurisdiction. If appropriately redefined in this way, environmental stewardship can deliver a governance framework which addresses some of the central issues with which the PrepCom will have to deal. These include the practical problems of access and benefit sharing of the marine genetic resources of areas beyond national jurisdiction, and reconciling the conflicting pressure for international decision-making for the conservation and sustainable use of marine biological diversity on the one hand, and the maintenance of existing regional and sectoral frameworks on the other. Environmental stewardship, redefined, can provide an intellectual framework for an ILBI under UNCLOS on marine biodiversity beyond national jurisdiction.

scholarly journals Maritime Biodiversity of Areas Beyond National Jurisdiction (BBNJ) from the French Perspective

2021 ◽  
Vol 50 ◽  
pp. 1-11
Author(s):  
Joanna Siekiera ◽  
Keyword(s):  
United Nations ◽  
Biological Diversity ◽  
Sustainable Use ◽  
The United States ◽  
The Pacific ◽  
National Jurisdiction ◽  
The Indian Ocean ◽  
The United Nations ◽  
The Republic ◽  
Economic Zones

Sustainable use of marine biological diversity of areas beyond national jurisdiction under the United Nations Convention on the Law of the Sea became a key topic for the negotiations since the 2012 United Nations Conference on Sustainable Development in Rio de Janeiro. Ocean change is now the most significant threat facing humanity, especially those living in coastal areas. The possible and already observed loss of territory, and thus sovereignty of the submerged states, is not the only legal consequence of ocean change happening now, in the 21st century. Another factor is the downsizing of Exclusive Economic Zones, which implies political tensions between the neighboring countries, both sovereign and dependent territories of the former colonial powers. France is present in the Indian Ocean and the Pacific Ocean via its overseas collectivities. Thus, instead of being at the 45th position in the world’s ranking of the ocean powers, the Republic of France comes in the second position, straight after the United States of America. This high and indeed precious position, both geostrategically and economically, affects its views toward the United Nations negotiations process on biological diversity beyond national jurisdiction.

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.

Convention on Biological Diversity: Towards a sustainable future

Social Change ◽  
2003 ◽  
Vol 33 (2-3) ◽  
pp. 173-191
Keyword(s):  
Genetic Resources ◽  
Biological Diversity ◽  
Technology Development ◽  
Sustainable Use ◽  
United Nations Environment Programme ◽  
Benefit Sharing ◽  
Convention On Biological Diversity ◽  
Biological Resources ◽  
Transfer Benefit ◽  
Global Agreement

In an era of a rapidly shrinking biological resources, the Convention on Biological Diversity (CBD) is a historic landmark, being the first global agreement on the conservation and sustainable use of biological diversity. The CBD is one of the few international agreements in the area of natural resource conservation in which sustainability and equitable benefit-sharing are central concerns. The CBD links traditional conservation efforts to the economic goal of using biological resources sustainably and sets forth principles for the fair and equitable sharing of the benefits arising from the use of genetic resources, notably those destined for commercial use. Importantly, the CBD also gives traditional knowledge its due place in the sustainable use of genetic resources. The CBD also covers the rapidly expanding field of biotechnology, addressing technology development and transfer, benefit-sharing and biosafety, in an equitable framework. In the coming years, the CBD is likely to have major repercussions on the way biodiversity is conserved and benefits thereof, shared between the developing and developed worlds. The following commentary on the CBD has drawn heavily from a document produced by Secretariat of the Convention on Biological Diversity, at the United Nations Environment Programme. Articles 1 to 21 of the CBD have also been reproduced here in order to disseminate knowledge regarding the principles of the CBD-Editor.

scholarly journals Marine Technology Transfer under a BBNJ Treaty: A Case for Transnational Network Cooperation

AJIL Unbound ◽  
2018 ◽  
Vol 112 ◽  
pp. 144-149 ◽  
Author(s):  
Stephen Minas
Keyword(s):  
Developing Countries ◽  
Technology Transfer ◽  
Biological Diversity ◽  
Sustainable Use ◽  
Added Value ◽  
Marine Biodiversity ◽  
The European Union ◽  
Private Industry ◽  
National Jurisdiction ◽  
Marine Technology

Our ability to protect and sustainably use the high seas is ultimately subject to our ability to understand this vast and remote environment. The success of an international legally binding instrument (ILBI) for the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction (BBNJ) will depend, in part, on utilizing technology to access ocean life, to analyze it, and to implement measures for its conservation and sustainable use. Indeed, technology, broadly defined, is integral to meeting the ILBI's objectives: not just the mandate to address “capacity-building and the transfer of marine technology,” but also the sustainable use and conservation of marine genetic resources, the implementation of environmental impact assessments, and biodiversity conservation measures such as area-based management tools. To maximize marine technology deployment to protect marine biodiversity in areas beyond national jurisdiction, transferring technology to developing countries will be critical. Provisions for the transfer of technology, generally from developed to developing countries, are included in many international environmental agreements and declarations, but these provisions have often proven difficult to implement. Part of the difficulty is that the relevant technology is dispersed among states; universities, research institutes and other nonstate actors; and private industry. The particular challenge in crafting an ILBI is, as the European Union has identified, to avoid repeating existing provisions and instead to “focus on added value.” One opportunity for an ILBI to add value on technology transfer is to further develop a network model to facilitate marine technology transfer.

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