Marine Genetic Resources Research Articles

The Survey of Marine Biotechnology Experts on the Governance of Marine Genetic Resources in ABNJ for Shaping National Strategies

The market of marine biotechnology is expanding at a rapid rate in Korea, which also brings an expansion of the web of domestic stakeholders. This expansion of domestic stakeholders has put the Korean government in a very difficult position in making decisions and shaping its strategy for the UN BBNJ Intergovernmental Conference. The government should be aware of changing opinions stemming from the structural changes and interests in the market Although the stakeholders’ opinion is crucial in establishing the government’s policy making, little study has been conducted on the effective way to utilizing experts survey on utilizing marine biotechnology experts opinion for building national strategy for international negotiations especially on the UN BBNJ Intergovernmental Conference. This study shows the survey results of marine biotechnolgy experts on the governance of marine genetic resource regarding the BBNJ negotiations. As a further step, the study proposes the way based on an approach to ‘transnational law’ to utilize the survey on the marine biotechnolgy experts to shape a national strategy for the UN BBNJ Intergovernmental Conference.

Biodiversity Beyond National Jurisdiction (BBNJ): Indonesian Perspective as an Archipelagic State

Biodiversity Beyond National Jurisdiction (BBNJ) is the proposed new international agreement on the sustainable use of marine biological diversity of areas beyond national jurisdiction. It will be an international, legally binding instrument under the United Nations Convention on the Law of the Sea (UNCLOS). The road to the development of a new international agreement has been started. The issue of BBNJ has been discussed for the past 15 years since the adoption of the United Nations General Assembly (UNGA) Resolution A/Res/59/24 on November 17, 2004. This paper addresses the issue of the development of BBNJ from the Indonesian perspective as an Archipelagic State. Analysis of available publications related to all activities’ legal standing in the Areas Beyond National Jurisdiction (ABNJ) is conducted in this paper. The article starts with definitions and the legal standing of BBNJ. This paper specifically elaborates the package deal components as the basis for drafting an international legally binding instrument (ILBI). The package deal comprises marine genetic resources and access to benefits sharing, area-based management tools, including marine protected areas, environmental impact assessment, capacity-building, and marine technology transfer. The paper will then elaborate on the policy implication of BBNJ for Indonesia, including the adverse and its benefits. Finally, the article concludes with Indonesia’s recommendations to anticipate the entry into force of the new agreement of BBNJ.

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.

Some Developments and Issues after the Adoption of UNCLOS

Abstract The United Nations Convention on the Law of the Sea (UNCLOS) is a framework treaty and a number of its provisions lend themselves to divergent interpretations. There are developments that had not been foreseen at the time of its adoption. The International Tribunal for the Law of the Sea (ITLOS) has made a substantive contribution to the development of the law of the sea by its jurisprudence, including advisory opinions. The issue of the regime of islands, which has in particular arisen in the South China Sea, is still highly controversial and no consistent State practice exists. A largely unresolved and complex question is that of the limits of the international seabed Area as the Commission on the Limits of the Continental Shelf (CLCS) is overburdened by a tremendous and unforeseen heavy workload. The issue of Marine Genetic Resources (MGRs) in Areas Beyond National Jurisdiction (ABNJ), of which there was no knowledge at the time of the elaboration of UNCLOS, remains to be resolved by a further implementation agreement to UNCLOS currently under negotiation.

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.

Traceability Approaches for Marine Genetic Resources Under the Proposed Ocean (BBNJ) Treaty

Negotiations are underway for a new treaty for the conservation and sustainable use of biodiversity of areas beyond national jurisdiction under the United Nations Convention on the Law of the Sea. Points of contention in the negotiation concern marine genetic resources and questions of monetary and/or non-monetary benefit sharing arising from their use. Tracing the origin of marine genetic resources used in scientific research, development and commercialization may offer the evidence needed to prove they came from areas beyond national jurisdiction and that benefit sharing is owed. Traceability is complex and multidisciplinary: involving legal, scientific and informatics considerations. We look at different traceability approaches within national jurisdictions and how these might provide lessons for the proposed treaty, using one of the few case studies available to trace the commercial development of a marine genetic resource from areas beyond national jurisdiction. We discuss this case study in relation to existing legal frameworks including the Nagoya Protocol and other systems based on open sharing of information and materials, including existing scientific practice. We conclude that a well-designed traceability system tailored to the unique geographical, political and jurisdictional characteristics of areas beyond national jurisdiction could lead to more equitable outcomes for the sharing of benefits from the use of marine genetic resources. Our key recommendations are that any traceability mechanism needs to be light touch, integrated with existing systems such as bioinformatics databases and not impose additional burdens on scientific users. Systems should be designed to improve scientific knowledge of ocean biodiversity to allow better conservation measures to be developed. If treaty negotiators engage commercial sectors to find workable policy solutions for the draft treaty that promote greater transparency and data sharing from these sectors, there may be a greater chance for traceability mechanisms to support benefit sharing.

Exploring, harnessing and conserving marine genetic resources towards a sustainable seaweed aquaculture

Societal Impact StatementSeaweed cultivation is the fastest‐growing aquaculture sector, with a demonstrable potential to drive development in some of the poorest coastal populations worldwide. However, sustainable exploitation, fair access and equitable benefits from marine genetic resources, such as seaweeds have yet to be fully realised. Patchy fundamental knowledge on the genetic diversity and metabolic potential of algae limits their exploitation; scant practical skills and low investment in breeding restricts germplasm availability and the Nagoya protocol has only partially remediated insufficient governance. Further developments and the addressing of knowledge gaps in relation to biosecurity, breeders’ rights and conservation of genetic resources are needed for progress.SummaryWe review how seaweed genetic resources are currently used in aquaculture, in relation to the diversification and rapidly increasing use of marine resources. Using a revealing case‐study, we summarise the potential for positive societal change, underpinned by the cultivation of eucheumatoid carrageenophytes (species of the red algal genera Eucheuma and Kappaphycus), an activity which has been successfully initiated in many tropical countries to support their economic development. We also review the challenges currently faced by this industry and identify potential threats to the seaweed cultivation sector. Accordingly, we suggest new directions to support the continued development of an economically resilient and environmentally sustainable industry based on the utilisation of genetic resources.

Australia as a Middle Power: Challenging the Narrative of Developed/Developing States in International Negotiations Surrounding Marine Genetic Resources

To date, marine genetic resources (MGR) have proven to be the most controversial aspect of the package deal structure of the ongoing negotiations of a legally binding instrument for the conservation and sustainable use of biodiversity beyond national jurisdiction (BBNJ). This has led to a proliferation of scholarly work characterizing the debate on MGR along developed and developing state lines. By applying middle power international relations theory to the Australian delegation’s conduct in MGR negotiations, this article aims to challenge the developed/developing state narrative. As such, it advocates a more nuanced approach to understanding state motivation in multilateral treaty negotiations pertaining especially to complex issues such as MGR.

“The Blue Economy” – The Phoenix of the Present Times. Implications on Current Problems of Mankind

Starting from the well-established notion that human beings live in society and the fact that their needs are unlimited in relation to the available resources, this paper focuses on the noticeable decrease of the rooted tension between two fundamental concepts in economics and on possible credible and promising solutions. The concept of blue economy is recognised as central to sustainable development that incorporates socio-economic benefits and environmental conservation. This highlights in an integrated way the economic and trade activities focusing on the ocean-based marine environment, associated biodiversity, ecosystems, species and genetic resources whilst ensuring conservation. Thus, blue economy means the use of sea and the use of its resources for sustainable economic development. Also closely related to the idea of sustainability, this new type of economic approach offers humanity new opportunities and perspectives by promoting appropriate policies to support research and development in view of the implementation of mechanisms based on sustainable practices inspired by ecosystems. Following the analysis of the main economic indicators at EU level (the number of jobs in specific sectors of the blue economy and their specific gross value added), there has been a continuous upward trend generated by the efforts of European authorities to perceive, understand, assimilate and adopt the most relevant aspects relating to the phenomenon of the blue economy. The study’s contribution is based on the manifestation of this new phenomenon, which is analysed by collecting updated data from the latest reports and documents, as well as by presenting case studies aimed at identifying its features, advantages and weaknesses, both at EU level as well as at a national (i.e., Romanian) and global level.

Human security and biodiversity

Soumission à Epi-revel International audience Introduction.-1. The protection and conservation of marine genetic resources for human security.-1.1 'The shifting and bridging' concept of security.-1.2 From the 'cold desert' to thriving biodiversity: The deep-sea ecosystems.-1.3 Bioprospecting for human health: the need to protect and conserve marine genetic resources.-2. Addressing marine genetic resources through the existing legal framework: a legal lacuna.-2.1 The legal framework of the Convention on Biodiversity.-2.2 The legal framework of the United Nations Convention on the Law of the Sea.-2.3 The protection and conservation of marine genetic resources from the Ad hoc Working Group on BBNJ to the Intergovernmental Conference.-2.4 Regulating marine genetic resources: three approaches.-3. The International Seabed Authority: An effective tool for the protection of marine biodiversity?-3.1 The International Seabed Authority and its mandate: from mineral to genetic resources?-3.2 The environmental mandate of the International Seabed Authority.-4. Which role for the International Seabed Authority under the new treaty on BBNJ?-Conclusion.

The Adjacency Doctrine in the Negotiation of BBNJ: Creeping Jurisdiction or Legitimate Claim?

Adjacency, notwithstanding its status as a basis for generating maritime entitlements, has no place as a principle under the existing law of the sea. To endow it with such status in the negotiation of an agreement for the conservation and sustainable use of marine biological diversity in areas beyond national jurisdiction (BBNJ) is likely to upset the delicate balance between the rights of coastal states and those of the international community, which is essential to the widespread acceptance of United Nations Convention on the Law of the Sea (UNCLOS). This article argues that the access regime for marine genetic resources (MGRs) straddling the boundary between areas beyond national jurisdiction (ABNJ) and areas within national jurisdiction (AWNJ) should be location based, and adjacent coastal states should not be accorded preferential rights in the distribution of benefits. However, due regard should be paid to the rights and legitimate interests of adjacent coastal states when transboundary impacts may result from measures adopted for and activities conducted in ABNJ, including those that directly affect MGRs straddling the boundary between ABNJ and AWNJ. At the procedural level, coastal states should be allowed to participate, primarily through prior notification and consultation, in the adoption of area-based management tools (ABMTs) in ABNJ and the conduct of environmental impact assessment (EIA) with respect to activities therein.

The Voice of Science on Marine Biodiversity Negotiations: A Systematic Literature Review

Over one hundred governments are currently negotiating a new legally binding instrument for the conservation and sustainable use of marine biological diversity in areas beyond national jurisdiction (BBNJ). The new agreement is to address four broad themes: marine genetic resources (MGRs); area-based management tools (ABMTs), including marine protected areas (MPAs); environmental impact assessments (EIAs); and capacity building and the transfer of marine technology (CB&TT). Although a large corpus of scientific BBNJ literature exists, a comprehensive overview and critical analysis of the academic debate is currently missing. This systematic review seeks to fill this gap by examining the main priority topics and recommendations in a sample of 140 multidisciplinary, geographically diverse publications. As an up-to-date summary and analysis, it is intended for researchers from diverse academic disciplines in the natural and social sciences, policy-makers, and practitioners. It untangles the complex BBNJ negotiations, highlights the policy relevance of existing work, and facilitates links between science, policy, and practice. It presents recommendations made in the literature sample for each of the four package elements of the future treaty and identifies four overarching themes: ocean connectivity, institutional design, the role of science, and digital technology. This paper identifies two important gaps that need to be addressed if we are to conserve marine biodiversity in international waters: the science-policy interfaces and the need for transformative change.

ACORDO SOBRE BIODIVERSIDADE MARINHA PARA ALÉM DA JURISDIÇÃO NACIONAL (BBNJ): REGIME JURÍDICO INTERNACIONAL DE UTILIZAÇÃO SUSTENTÁVEL DOS RECURSOS GENÉTICOS MARINHOS DO ALTO MAR E DA ÁREA

A Organização das Nações Unidas participa da construção do sistema jurídico marinho. Em sua terceira conferência sobre o direito do mar, adotou-se a Convenção das Nações Unidas sobre o direito do mar (CNUDM), que, tendo dispositivos relacionados com a biodiversidade marinha, não trata expressamente dos recursos genéticos. Diante disso, as Nações Unidas convocaram uma conferência de negociação de um Acordo sobre conservação e utilização sustentável da biodiversidade marinha para além da jurisdição nacional (BBNJ), que se iniciou em 2018. Partindo da análise de dispositivos da CNUDM, que veda a modificação do princípio da liberdade no alto mar e o princípio do patrimônio comum da humanidade na Área, pretende-se propor um modelo de regime jurídico de utilização sustentável da BBNJ a ser adotado ao fim das atuais negociações. Conclui-se que, em razão do disposto na CNUDM, não é possível que os recursos genéticos marinhos para além da jurisdição nacional sejam uniformemente regidos no Acordo. Por conseguinte, os recursos genéticos do alto mar deveriam ser transformados de res nullius em res communis, enquanto aqueles encontrados na Área, por já serem res communis humanitatis, deveriam submetidos à gestão da Autoridade Internacional dos Fundos Marinhos.

Strengthening the global network for sharing of marine biological collections: recommendations for a new agreement for biodiversity beyond national jurisdiction.

Biological collections are fundamental to marine scientific research and understanding of biodiversity at various scales. Despite their key importance, sample collections and the institutes that house them are often underfunded and receive comparatively little attention in the discussions associated with global biodiversity agreements. Furthermore, access to collections can be limited by inadequate systems, infrastructure, and networks. With negotiations underway for a new implementing agreement on biodiversity beyond national jurisdiction, marine genetic resources (MGR), including questions on the sharing of benefits, remains the most debated and contentious element. Disparities remain between States regarding access to and utilization of marine biological samples (including MGR) from areas beyond national jurisdiction. Addressing capacity gaps related to collections could provide a point of agreement during negotiations and enhance global inclusivity in access to and utilization of MGR. Here, we examine both existing capacity and regional gaps in marine collections. We propose the strengthening of a distributed network of marine biological collections, building on existing initiatives and emphasizing best practices to bridge regional gaps. Our recommendations include: promoting scientific best practice for the curation of collections; alignment with ocean observing, and sampling initiatives; a potential pairing scheme for collections in developing and developed States; raising awareness of collections and benefits to marine science including through a global registry/directory; and promoting sustainable funding mechanisms to support collections and sustain global generation of contributors and users.

BBNJ 협약에서의 인류공동유산 원칙 적용에 관한 소고

This paper examines the legal nature of the Principle of Common Heritage of Mankind under the United Nations Convention on the Law of the Sea and highlights the problem which may occur during the application of the Principle of Common Heritage of Mankind to the marine genetic resources in the area beyond national jurisdiction, based on logical interpretation. First of all, Chapter 2 examines the meaning of the Principle of Common Heritage of Mankind and the detailed elements that make up this Principle in the UNCLOS, and points out the grounds for asserting the peremptory nature of the Principles of Common Heritage of Mankind and its limitations. Chapter 3 confirms the background of the BBNJ discussion, which is underway to fill the gap of biodiversity discipline in the area beyond national jurisdiction, and shows that the application of the Principle of Common Heritage of Mankind is being proposed there. Chapter 4 compares and analyzes the articles which is related with the Principle of Common Heritage of Mankind between the revised draft of the BBNJ and UNCLOS, emphasizes that the principle in the BBNJ are logically inconsistent with the that appeared in UNCLOS. In conclusion, suggests that further research about peremptory nature and analogy of the Principles of Common Heritage of Mankind is needed to clarify the discipline principle to be applied to the BBNJ, and that the discipline principle of the BBNJ should be presented again accordingly.

Capacity building and technology transfer for improving governance of marine areas both beyond and within national jurisdiction

Capacity building and technology transfer (CBTT) are vital for the success of a new international legally-binding agreement for marine biodiversity beyond national jurisdiction. Without effective CBTT, many developing countries are unlikely to be able to fulfill their obligations in areas beyond national jurisdiction (ABNJ), including by undertaking area-based management, evaluating environmental impact assessments, and benefiting from the utilization of marine genetic resources – or to realize their rights. Meanwhile, several other international commitments require varying forms of CBTT at global, regional and national levels. This article analyses areas where synergies are possible for implementing CBTT, and those where additional, ABNJ-related capacities will need to be mainstreamed for holistic ocean management. We argue that CBTT is more meaningful, effective and resource-efficient if it corresponds to the ecological realities of an interconnected ocean by linking initiatives relating to ABNJ with those within national jurisdiction. We discuss why and how CBTT is also more useful on the national level if it maximizes synergies between international policies and agreements, and allows countries to concurrently participate in a BBNJ agreement and fulfill national priorities related to sustainable development, for example by enhancing livelihoods, eradicating hunger and poverty, and building capacity for science and innovation as part of national blue economies based on healthy ocean ecosystems. The Decade of Ocean Science for Sustainable Development offers a timely opportunity to operationalize robust CBTT measures under the BBNJ agreement and maximize synergies with other international commitments - as part of broader efforts to achieve Agenda 2030.

An Analysis of the BBNJ Negotiations on Marine Genetic Resources Including Questions on the Sharing of Benefits

An Analysis of the BBNJ Negotiations on Marine Genetic Resources Including Questions on the Sharing of Benefits

Technology Transfer for the High Seas: Potential Modalities for Technology Transfer Under the International Legally Binding Instrument

The high seas, also known as areas beyond national jurisdiction (ABNJ), account for 64% of the total surface of the ocean, almost 90% of the ocean’s volume and 40% of the entire planetary surface. This vast environment increasingly bears the stamp of human economic activity, including shipping, fishing and prospecting for seabed resources. At the time time, the interrelated phenomena of climate change and ocean acidification are exerting new pressures on high seas biological diversity and habitats. There is an urgent and growing need to protect this environment. In recognition of these challenges, the UN General Assembly has launched a process to negotiate a new treaty for high seas protection; specifically, an international legally binding instrument (ILBI) for the conservation and sustainable use of marine biological diversity in areas beyond national jurisdiction (BBNJ). This process, the fruit of more than a decade of informal discussions, entered the intergovernmental negotiation phase in 2018. While much remains unclear about the contours of the emerging deal and its prospects for adoption, the mandate for negotiation identifies an integral role for technology. The four pillars of the planned agreement are marine genetic resources; area-based management tools; environmental impact assessments; and capacity-building and technology transfer. The necessity of greater international cooperation on marine technology transfer has been broadly recognised. The challenge of negotiating technology transfer rules and modalities are particularly great in the context of ocean governance, which has to date seen but limited implementation in this field.

Revisiting Bioprospecting in the Southern Ocean in the Context of the BBNJ Negotiations

abstractThis article revisits marine bioprospecting in the Southern Ocean in the context of the efforts to develop an international legally binding instrument (ILBI) under the United Nations Convention on the Law of the Sea on the conservation and sustainable use of marine biological diversity in areas beyond national jurisdiction. After briefly introducing the Antarctic Treaty System (ATS), this article examines the extent to which the ILBI will likely spatially overlap with the ATS. As the next step, it is highlighted that future provisions on marine genetic resources (MGRs) in the ILBI might substantively differ from the way the ATS currently regulates bioprospecting. Based on that, the final section reflects on how the ILBI will normatively and institutionally relate to the ATS.

Stakeholder Perspectives on Access and Benefit-Sharing for Areas Beyond National Jurisdiction

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.