Отдельные аспекты правового регулирования использования морских генетических ресурсов

Abstract

The article is devoted to analysis of legal status of marine genetic resources, including those that are located in territories beyond national jurisdiction. Recognizes the need for a legal definition of the difference between commercial and academic research that are implemented with the involvement of marine genetic resources. At the same time, a legal definition of marine scientific research and biopiracy is required. This would contribute to decreasing of international conflicts in this field. The existing problems in the use and conservation of marine genetic resources require the determination of legal regime of marine genetic resources on international and national levels, as well as rules of exchange of scientific information.Legal regulation of use and protection of the marine genetic resources which are in the territory under national jurisdiction and beyond its limits has to differ. The problem consists in establishment of control over use of these resources. Control over marine genetic resources, in turn, consists in possession of exact knowledge of properties and characteristics of these resources and about the mechanism of its management. The legal regulation in this sphere would reduce legal and commercial risk that in turn would entail new investments in this sphere. The research of resources would expand their understanding and also would open new opportunities of their application. Determination of properties of marine genetic resources would help to estimate and understand value of these resources and also to define rules of their use and preservation.