Marine Genetic Resources In Areas Research Articles

Marine Genetic Resources in Areas Beyond National Jurisdiction: Access and Benefit-Sharing

At present, the international community has held many discussions on the exploitation and utilization of marine genetic resources in area beyond national jurisdiction, and this issue has gradually become a hot topic in the field of international law of the sea. The first part of the main text introduces the negotiation dilemma of benefit-sharing of marine genetic resources with respect to the basic concept and legal status of MGRs in the ABNJ, and the second part summarizes the dilemma of negotiation on benefit-sharing of MGRs in the context of BBNJ, and focuses on the reasons for such dilemma. The third part discusses breakthroughs of the legal dilemma of MGRs in the ABNJ from a practical point of view and concludes with an assessment of the options within existing legal frameworks for accommodating an access and benefit-sharing system for marine genetic resources originating from ABNJ.

Common Heritage of Mankind Principles Applied to Marine Genetic Resources in Areas beyond National Jurisdiction

The current political tension among developed states and developing nations regarding the exploration, exploitation, benefit-sharing, and conservation of marine genetic resources (MRGs) in ungoverned areas beyond national jurisdiction (ABNJ) requires a new marine, regulative regime, which is considered as the premise for the creation of the international consensus of promulgating the ‘Common Heritage of Mankind’ principle (CHM). This study employed desk research methods to synthesize, compare, and analyze UNCLOS (1982), Nagoya Protocol (2014), ongoing ILBI sessions, and other recent studies to figure out the regulatory gap within the Law of the Sea under UNCLOS. By carefully generalizing and scrutinizing the documentation, the study strongly emphasizes the necessity to implement the CHM principle in ABNJ instead of promoting the concept of ‘first come, first served’ basis for the sake of the equitable sharing of benefits, and the conservation of MGRs in ABNJ for the current and future generations. The study also provides the connotations of CHM principle, which serves theoretical basis for some marine management approaches. Consequently, these perspectives stem from a representative developing state with a long coastal line – Vietnam. The general, theoretical, and practical viewpoints would significantly contribute to current and future international law-making process with respect to the formulation of a new legal marine regime for regulating the exploitation, equitable access, and conservation of MGRs in ABNJ according to the ideal concept of CHM principle thereof.

Common Heritage of Mankind Principles Applied To Marine Genetic Resources In Areas Beyond National Jurisdiction: Some Legal Reflections

The current political tension among developed states and developing nations regarding the exploration, exploitation, benefit-sharing, and conservation of marine genetic resources (MRGs) in ungoverned areas beyond national jurisdiction (ABNJ) requires a new marine, regulative regime, which is considered as the premise for the creation of the international consensus of promulgating the ‘Common Heritage of Mankind’ principle (CHM). This study employed desk research methods to synthesize, compare, and analyze UNCLOS (1982), Nagoya Protocol (2014), ongoing ILBI sessions, and other recent studies to figure out the regulatory gap within the Law of the Sea under UNCLOS. By carefully generalizing and scrutinizing the documentation, the study strongly emphasizes the necessity to implement the CHM principle in ABNJ instead of promoting the concept of ‘first come, first served’ basis for the sake of the equitable sharing of benefits, and the conservation of MGRs in ABNJ for the current and future generations. The study also provides the connotations of CHM principle, which serves theoretical basis for some marine management approaches. Consequently, these perspectives stem from a representative developing state with a long coastal line –Vietnam. The general, theoretical, and practical viewpoints would significantly contribute to current and future international law-making process with respect to the formulation of a new legal marine regime for regulating the exploitation, equitable access, and conservation of MGRs in ABNJ according to the ideal concept of CHM principle thereof.

On the Legal Status of Marine Genetic Resources in Areas beyond National Jurisdiction

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.

Corrigendum: Marine Genetic Resources in Areas Beyond National Jurisdiction: Promoting Marine Scientific Research and Enabling Equitable Benefit Sharing

Author(s): Rogers, Alex D; Baco, Amy; Escobar-Briones, Elva; Currie, Duncan; Gjerde, Kristina; Gobin, Judith; Jaspars, Marcel; Levin, Lisa; Linse, Katrin; Rabone, Muriel; Ramirez-Llodra, Eva; Sellanes, Javier; Shank, Timothy M; Sink, Kerry; Snelgrove, Paul VR; Taylor, Michelle L; Wagner, Daniel; Harden-Davies, Harriet

Marine Genetic Resources in Areas Beyond National Jurisdiction: Promoting Marine Scientific Research and Enabling Equitable Benefit Sharing

Growing human activity in areas beyond national jurisdiction (ABNJ) is driving increasing impacts on the biodiversity of this vast area of the ocean. As a result, the United Nations General Assembly committed to convening a series of intergovernmental conferences (IGCs) to develop an international legally-binding instrument (ILBI) for the conservation and sustainable use of marine biological diversity of ABNJ [the biodiversity beyond national jurisdiction (BBNJ) agreement] under the United Nations Convention on the Law of the Sea. The BBNJ agreement includes consideration of marine genetic resources (MGR) in ABNJ, including how to share benefits and promote marine scientific research whilst building capacity of developing states in science and technology. Three IGCs have been completed to date with the fourth delayed by the Covid pandemic. This delay has allowed a series of informal dialogues to take place between state parties, which have highlighted a number of areas related to MGR and benefit sharing that require technical guidance from ocean experts. These include: guiding principles on the access and use of MGR from ABNJ; the sharing of knowledge arising from research on MGR in ABNJ; and capacity building and technology transfer for developing states. In this paper, we explain what MGR are, the methods required to collect, study and archive them, including data arising from scientific investigation. We also explore the practical requirements of access by developing countries to scientific cruises, including the sharing of data, as well as participation in research and development on shore whilst promoting rather than hindering marine scientific research. We outline existing infrastructure and shared resources that facilitate access, research, development, and benefit sharing of MGR from ABNJ; and discuss existing gaps. We examine international capacity development and technology transfer schemes that might facilitate or complement non-monetary benefit sharing activities. We end the paper by highlighting what the ILBI can achieve in terms of access, utilization, and benefit sharing of MGR and how we might future-proof the BBNJ Agreement with respect to developments in science and technology.

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

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.

Implications of the UNCLOS Marine Scientific Research Regime for the Current Negotiations on Access and Benefit Sharing of Marine Genetic Resources in Areas Beyond National Jurisdiction

Access to marine genetic resources (MGRs) in areas beyond national jurisdiction (ABNJ) and the sharing of benefits arising out of the utilization of these resources are among the most contentious at the UN Intergovernmental Conference on Marine Biodiversity of Areas Beyond National Jurisdiction. This article examines the applicability of the marine scientific research (MSR) regime of the UN Convention on the Law of the Sea (UNCLOS) to the access and benefit-sharing issues. It concludes that the MSR regime of UNCLOS provides the legal basis for setting up nonmonetary-benefit sharing obligations, including the dissemination of information, data, and research results concerning MGRs at the UN negotiations on marine biodiversity in the ABNJ.

Agreeing to disagree on what we have or have not agreed on: The current state of play of the BBNJ negotiations on the status of marine genetic resources in areas beyond national jurisdiction

United Nations General Assembly Resolution 69/292 has committed States to develop an international legally binding instrument under the 1982 United Nations Convention on the Law of the Sea on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction (BBNJ). The instrument must address a ‘package deal’ including questions relating to access and benefit sharing in relation to marine genetic resources (‘MGRs’) in areas beyond national jurisdiction (‘ABNJ’). This paper examines the recommendations to the UN General Assembly of the recently convened Preparatory Committee (Prep-Comm) to negotiations of the international instrument relating to MGRs. It examines the less controversial issues which in the words of the Prep Comm includes “non-exclusive elements that generated convergence among most delegations” and notes significant areas of agreement and some consequences of agreement on those points. This includes the preamble to the proposed instrument, its geographical scope, material scope, relationship to UNCLOS and other instruments and frameworks (globally and regionally). The second part of the paper then goes on to examine in detail some of the main issues on which there is a divergence of views including the ideological divide over the purported common heritage of mankind status of such resources, regulating access, the nature of the resources covered by the proposed instrument, what benefits are to be shared, the relationship with intellectual property rights and monitoring of the utilization of MGRs in ABNJ.

Fair and Equitable Benefit-Sharing in a New Treaty on Marine Biodiversity: A Principled Approach Towards Partnership Building?

This article suggests a principled approach to the negotiations on benefit-sharing from the use of marine genetic resources under a new international legally binding instrument on marine biodiversity of areas beyond national jurisdiction (BBNJ). It first reflects on the terms in which benefit-sharing has been discussed in the BBNJ negotiations until now, which have been characterized by an operational concern for the type of benefits that could be accrued and distributed. It then contrasts the negotiations with insights arising from other international benefit-sharing regimes, with a view to suggesting a more principled approach focused on “sharing” benefits “fairly and equitably.” This helps highlight the potential value added of benefit-sharing to foster deeper and cosmopolitan international cooperation (that is, a global partnership) vis-a-vis existing international obligations on marine scientific research, capacity building, marine technology transfer and the protection of the marine environment. The article then applies these considerations to the thorny and novel question of digital information on marine genetic resources of areas beyond national jurisdiction.

Registration of BBNJ Research Activities: A Move towards Transparency in Research Governance

The Prep Com recommended in July that the UNGA initiate a negotiating conference on areas beyond national jurisdiction. It is widely expected to make such a decision. Then, the long haul negotiation will begin. The 1982 UN Convention on the Law of the Sea does not regulate marine genetic resources in areas beyond the national jurisdiction of States (BBNJ). Part XIII of the Convention could accommodate BBNJ research, but not its governance. The triangulation of three factors-the interim absence of an international framework for governance of BBNJ research, an indirect reference to this issue in the on-going BBNJ deliberations on access and benefit sharing and an interim laissez-faire attitude in BBNJ exploration and exploitation-leads to a need for transparency in governance of BBNJ research activities. To address this lacuna, a United Nations Register on BBNJ Research Activities is recommended, encouraging scientists from all regions including Asia to engage in BBNJ research.

Research for Regions: Strengthening Marine Technology Transfer for Pacific Island Countries and Biodiversity beyond National Jurisdiction

Abstract Pacific Island Countries have limited capacity to engage in scientific research involving marine genetic resources in areas beyond national jurisdiction (abnj). Marine scientific research and capacity development are central to the regime for technology transfer established by the 1982 United Nations Convention on the Law of the Sea (losc), but gaps and ambiguities weaken this framework. In this article, options to strengthen scientific capacity in Pacific Island Countries, through the development of a new international legally binding instrument for the conservation and sustainable use of biodiversity in abnj under the losc, are examined. The international framework for technology transfer could be strengthened by fostering an integrated approach to the advancement, sharing and application of scientific knowledge. Coordination and collaboration at global and regional levels will be required to increase marine science cooperation, improve access to data and information, deliver training, and overcome barriers to develop institutional and individual scientific capacity.

Marine Genetic Resources in Areas beyond National Jurisdiction: Issues with, in and outside of UNCLOS

The negotiations for a new international legally binding instrument under UNCLOS, on marine biological diversity in areas beyond national jurisdiction, has brought to the fore interesting questions over the applicable regime for marine genetic resources, including issues of benefit sharing. This article examines the different principles that have been suggested as applying to marine genetic resources, as well as suggestions of middle-of-the-way approaches. The freedom of the high seas, common heritage of mankind, common concern of humankind, Part xiii of UNCLOS on marine scientific research, and the Nagoya Protocol, are reflected on in turn. Brief reflections are also offered on the matter of intellectual property rights. This article recognizes the need for coherence with the existing UNCLOS regimes that apply to the areas beyond national jurisdiction, whilst taking into account the specific characteristics of marine genetic resources. There is potential utility in distilling means by which the seemingly diametrically opposed notions in Part vii and Part xi of UNCLOS may overlap. Perhaps the best point of entry for successful navigation of the issues is through the regime for marine scientific research, appropriately informed by other experiences, other existing agreements, and related regimes. Ultimately, the new implementing agreement, like its parent treaty (UNCLOS), will need to maintain a balance of interests.

Redefining environmental stewardship to deliver governance frameworks for marine biodiversity beyond national jurisdiction

Abstract In 2015 the United Nations General Assembly decided to develop an international legally binding instrument (ILBI) under the United Nations Convention on the Law of the Sea (UNCLOS) on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction. To that end, it established a Preparatory Committee (PrepCom), to make substantive recommendations to the General Assembly on the elements of a draft text of an ILBI. The PrepCom has identified the tension between the principle of the common heritage of mankind and high seas freedoms embodied in UNCLOS as one of the issues which must be addressed in such an international agreement. Some participants in the process have proposed a sui generis regime as a way of resolving any apparent clash of these international legal principles, particularly as it relates to marine genetic resources and their access and benefit sharing. This article argues that environmental stewardship may provide the framework for such a sui generis regime. For it to do so, however, it must be grounded in international legal principles and act as a balance between competing values, perspectives and interests in the conservation and sustainable use of marine biodiversity beyond national jurisdiction. If appropriately redefined in this way, environmental stewardship can deliver a governance framework which addresses some of the central issues with which the PrepCom will have to deal. These include the practical problems of access and benefit sharing of the marine genetic resources of areas beyond national jurisdiction, and reconciling the conflicting pressure for international decision-making for the conservation and sustainable use of marine biological diversity on the one hand, and the maintenance of existing regional and sectoral frameworks on the other. Environmental stewardship, redefined, can provide an intellectual framework for an ILBI under UNCLOS on marine biodiversity beyond national jurisdiction.

Establishment of a mechanism on sharing the benefits arising from the utilization of marine genetic resources in areas beyond national jurisdiction

Establishment of a mechanism on sharing the benefits arising from the utilization of marine genetic resources in areas beyond national jurisdiction

Ocean sustainability in the 21st century

List of contributors Foreword Preface Acknowledgments 1. Issues regarding oceans and opportunities: an introduction to the book Salvatore Aric- 2. Main human uses of ocean areas and resources, impacts and multiple scales of governance Marjo Vierros, Rashid Sumaila and Rolph A. Payet 3. Physical and chemical changes in the ocean over basin-wide zones and decadal or longer time-scales: perspectives on current and future conditions Gunnar Kullenberg, Eddy Carmack and Kenneth Denman 4. Knowledge and implications of global change in the oceans for biology, ecology and ecosystem services Roberto Danovaro, Cristina Gambi and Cinzia Corinaldesi 5. A new perspective on changing Arctic marine ecosystems: panarchy adaptive cycles in pan-Arctic spatial and temporal scales Henry P. Huntington, Eddy Carmack, Paul Wassmann, Francis Wiese, Eva Leu and Rolf Gradinger 6. Ecosystem approach and ocean management Marjo Vierros, Ian D. Cresswell, Peter Bridgewater and Anthony D. M. Smith 7. Challenges in using valuation in ecosystem-based management in a marine context: the case of UK marine protected area designation Salman Hussain 8. The contribution of international scientific cooperation and related institutions to effective governance for the oceans: the cases of regional tsunami early warning systems and the Argo project Stefano Belfiore and Aurora Mateos 9. Emerging and unresolved issues: the example of marine genetic resources of areas beyond national jurisdiction Marjo Vierros, Charlotte Salpin, Claudio Chiarolla and Salvatore Aric- 10. The assumption that the United Nations Convention on the Law of the Sea is the legal framework for all activities taking place in the sea Tullio Scovazzi 11. The legal regime of outer space in light of the Law of the Sea Viviana Iavicoli 12. Towards sustainable oceans in the twenty-first century Salvatore Aric-, Gunnar Kullenberg and Biliana Cicin-Sain.

Limitations on Patenting Inventions Based on Marine Genetic Resources of Areas beyond National Jurisdiction

This article discusses limitations on patenting inventions based on marine genetic resources of areas beyond national jurisdiction. First, it considers that patent protection for these inventions is compatible with losc. Next, it propounds that to further equitable access to new knowledge of the genetic resources, patentability requirements should be shaped to reward human creativity in applying discoveries only. Accordingly, discoveries of naturally occurring dna sequences and the like from the genetic resources should be deemed as a “familiar part of prior art” and that other inventive concepts should be required to meet the patent eligibility requirement. Finally, it contends that it is not justified to require patentees to share any benefits derived from the utilization of inventions based on the genetic resources of the Area.

Intellectual property rights and benefit sharing from marine genetic resources in areas beyond national jurisdiction: current discussions and regulatory options

possibility that such a future mechanism will include marine genetic resources from ABNJ may not be ruled out, currently disagreement and confusion are prevalent in international discussions on questions concerning the potential applicability of the latter to resources in marine areas beyond national jurisdiction.

Fair and equitable sharing of benefits from the utilization of marine genetic resources in areas beyond national jurisdiction: Bridging the gaps between science and policy

Marine genetic resources are a subject of a growing body of research and development activities, as demonstrated by the abundance of marine patented genes reported in GenBank. Given the lack of a comprehensive legal regime for the management of marine genetic resources in areas beyond national jurisdiction, the General Assembly of the United Nations met in 2006 to discuss whether there are regulatory or governance gaps and how to address them. Besides the crystallization of the different political positions, the process is now advancing towards making a decision about whether to develop an international instrument under the United Nations Convention on the Law of the Sea (UNCLOS) for the conservation and sustainable use of marine biological diversity, within which the regulation of access to genetic resources and the sharing of benefits from their utilization has emerged as an in-dissociable issue. In order to propose concrete options to be considered for the establishment of a legal framework addressing these issues, policy-makers need to better understand the feasibility, the costs and the modalities of scientific activities undertaken, together with the actual level of commercialization of new products. They also need to be aware of the already advanced practices in place within the scientific community, especially regarding sharing of non-monetary benefits. This paper particularly highlights and discusses practical scenarios to advance in the international process, based on the approaches adopted in other regional and international regimes for the management of genetic resources and on the best practices developed within the scientific community.

Exploration and Exploitation of Marine Genetic Resources in Areas beyond national Jurisdiction and Environmental Impact Assessment

This part of the EJRR hosts reports in which our correspondents keep readers up to date on the most recent developments in different areas of risk regulation. Our aim is to fuel the debate and trigger future research on cutting-edge risk subjects. The Reports are organised under different policy sections. Further sections will be added at regular intervals. If you are interested in contributing to any of the existing sections, please contact the Reports Editor at enrico.bonadio.1@city.ac.uk