Access to Marine Bioresources: Hitching the Conservation Cart to the Bioprospecting Horse

Abstract

Bioprospecting involves the collection of biological material for screening for commercially exploitable biologically active compounds or attributes, including genetic information. The authors assess the claim that bioprospecting has the potential to act as a sustainable carrot for biodiversity-rich states to conserve marine environments. They analyze the tensions between the international conventions that address bioprospecting in marine areas: the Biodiversity Convention and the Law of the Sea Convention. In particular, they reject any suggestion that there is a legal presumption in favor of coastal states granting access to marine bioprospectors. They argue that the different approaches taken by the marine scientific research provisions of UNCLOS to fundamental research and research with commercial potential is unrealistic because of the difficulties of drawing the distinction in practice. As a result, the danger is that scientific research will get caught in the hard bargaining increasingly associated with bioprospecting. The authors argue that coastal states will derive greater benefit from research collaborations rather than the distant prospect of winning the product royalty lottery.