Abstract
The question of how to define the legal status of marine genetic resources (hereinafter MGRs) in areas beyond national jurisdiction (hereinafter ABNJ) is one of the important issues in the negotiation of the International Legally Binding Instrument under United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biodiversity of Areas beyond National Jurisdiction. According to the theory of the order and justice value of the law, in combining the experiences of the international community in handling global ocean problems and characteristics of MGRs in ABNJ, it can be said that MGRs in ABNJ have the legal attribute of being the common heritage of mankind (hereinafter CHM). From the perspective of the principle of CHM, in applying the subject, object and content elements of legal relations as the research approach, the legal status of MGRs in ABNJ should be defined as follows: Firstly, an international management body should be established and the scope of actual resource developers should be defined in terms of subject elements. Secondly, the temporal scope, geographical scope and material scope of MGRs in ABNJ should be clarified in terms of object elements. Thirdly, the disposition of rights and obligations in the process of development and utilization of MGRs in ABNJ should be defined in terms of content elements.
Highlights
Marine genetic resources in areas beyond national jurisdiction refers to the genetic resources derived from the high seas and theArea [1]
Since it is necessary to define the legal status of MGRs in ABNJ, which covers both the high seas and the Area, the question of whether to follow the divide-rule approach of UNCLOS or admit MGRs in ABNJ with a unified legal status should be investigated
Due to the absence of relevant international regulations, only a few developed states with developing capacities currently advocate the principle of freedom of the high seas for the development and utilization of MGRs in ABNJ
Summary
Marine genetic resources (hereinafter MGRs) in areas beyond national jurisdiction (hereinafter ABNJ) refers to the genetic resources derived from the high seas and the. The question of whether the new regimes of the law of the sea concerning MGRs in ABNJ apply to the principle of freedom of the high seas or the principle of CHM has always been the focus of argument in negotiating the ILBI. The core issue in negotiating the ILBI is to choose the position to define the legal status of MGRs in ABNJ and establish the legal regimes regarding access to and benefit-sharing of MGRs in ABNJ. Given their own interests, there are four positions of the international community on this issue: Firstly, developed states believe that the principle of freedom of the high seas should be applied. Taking the subject, object and content elements of legal relations as the research approach, this paper analyzes methods for defining the legal status of MGRs in ABNJ in ILBI from the perspective of the principle of CHM
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