Abstract
Negotiations for a new international legally binding instrument under the United Nations Convention on the Law of the Sea for the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction (ABNJ) are currently ongoing. A ‘package’ of four elements are under discussion, one of which is ‘marine genetic resources (MGR), including questions on the sharing of benefits’. Governance of MGR in ABNJ requires consideration of access and benefit-sharing options. The MGR element is considered the most contentious since there is a lack of convergence on this topic amongst delegates. This is currently hindering progress in negotiations. Therefore, resolving issues linked to MGR holds the key to reaching agreement of the instrument as a whole. The aim of this paper is to gather stakeholder perspectives on goals and options for a new genetic resource mechanism for ABNJ. A scoping literature review was conducted to identify goals and options in terms of access and of benefit-sharing in ABNJ. Next, semi-structured interviews were conducted with 24 people from five different stakeholder groups; scientific research community, private sector, developing States, developed States and civil society. Results indicated that stakeholders all agree with conservation and sustainable use of marine biological diversity of ABNJ as the most important goals of a potential new genetic resource mechanism for ABNJ. Stakeholders preferred a light-touch governance approach to access, with notification pre- (and possibly also post-) collection of MGR in situ. Mandatory non-monetary benefit-sharing at point of sampling was considered most appropriate, possibly with scope for voluntary monetary benefit-sharing at the point of commercialisation. It may be useful to keep these perspectives in mind during negotiations and also during future implementation processes in order to attain the goals of perceived greatest importance. By understanding the different view-points and priorities, delegates will be better equipped to negotiate the remainder of the issues related to MGR, to reach mutually-acceptable compromises and, ultimately, a new BBNJ agreement.
Highlights
Formal negotiations for a new international legally binding instrument (ILBI) under the United Nations Convention on the Law of Sea (UNCLOS, 1982) for the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction (BBNJ) have commenced
The study began with a scoping literature review to confirm the stakeholder groups involved and to identify stakeholder goals as well as elements and options that could be considered for a potential governance (/ABS) system for marine genetic resources (MGR) from areas beyond national jurisdiction (ABNJ) (International Treaty on Plant Genetic Resources for Food and Agriculture [ITPGRFA], 2001; Nagoya Protocol, 2011; World Health Organization [WHO], 2011)
Based on engagement in BBNJ negotiations, and confirmed during review of literature, five main stakeholder groups were identified. These stakeholder groups likely represent those with an interest in, and the potential to be affected by, the new ILBI encompassing a potential new ABS mechanism for ABNJ
Summary
Formal negotiations for a new international legally binding instrument (ILBI) under the United Nations Convention on the Law of Sea (UNCLOS, 1982) for the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction (BBNJ) have commenced. The first session of the Intergovernmental Conference (IGC) convened from 4 to 17 September 2018, the second from 25 March to 5 April 2019 and the third from 19 to 30 August 2019. The fourth session was planned to take place in the first half of 2020 but has been postponed to the earliest possible available date to be decided by the General Assembly due to concern regarding the Coronavirus disease (COVID-19). Negotiations address a “package” of four elements and cross-cutting issues, as agreed during preparatory committee meetings in 2011. The four elements are: marine genetic resources (MGR), including questions on the sharing of benefits; measures such as area-based management tools (ABMT), including marine protected areas (MPAs); environmental impact assessments (EIA), and; capacitybuilding and transfer of marine technology
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