Marine Genetic Resources in Areas Beyond National Jurisdictions: Strategy for a Successful Harnessing of Blue Biotechnology in Africa

Abstract

Marine environments provide valuable economic, social and cultural resources useful to sustain life on earth. The genetic material of the living organisms found in them is an important input for blue biotechnology. The exploitation of these marine genetic resources can contribute to the sustainable development of all continents, including in Africa. It also participates in global balances, particularly of climate and biodiversity. International negotiations at the United Nations’ level have been taking place for over 15 years, at the demand of developing countries to build an international regime, a way to ensure that all countries benefit from the economic returns deriving from living organisms. These negotiations have proved to be extremely difficult due to the lack of consensus on which principles, between the freedom of research on the high seas and the common heritage of humanity, should guide such governance. Following a long-standing social construction in international human rights and biodiversity law, benefit-sharing has emerged as the appropriate formula to ensure equity in the exploitation of marine genetic resources among countries. This formula appears as relevant as only a few States, among which there is no developing country, are technically and financially capable of accessing marine genetic resources and developing them for exploitation. This paper is based on the assumption that potential monetary and non-monetary benefits arising out of the exploitation of marine genetic resources can contribute to sustainable development in Africa. As such, it suggests a strategic approach for African countries to get the most of international negotiations on this issue by providing their negotiators with a stockpile of arguments relevant to the issues at stake (namely, the regulation of access to marine genetic resources and the regulation of the sharing of benefits arising out of their exploitation). It also moves beyond the paradigmatic framing of benefit-sharing for developing countries, which goes from the un-verified hypothesis of the inadequacy of patents as intellectual property rights, to rather underline their high value if African countries expect to accrue more important resources for the development of blue biotechnology on the continent. This research has been funded by the African Natural Resources Centre of the African Development Bank which mandates is to build practical knowledge for African countries by assisting them in maximizing development outcomes derived from natural resources. It will be of interest to African negotiators involved in the biological biodiversity beyond national jurisdiction international negotiations, and to scholars, students and other parties interested in environmental diplomacy pertaining to ocean life.