论国家管辖范围外海洋遗传资源的开发与保护——基于科技、市场和制度的视角

Exploitation and Protection of Marine Genetic Resources Beyond National Jurisdiction——Based on Perspectives of Technology,Market and Legal System

海洋遗传资源市场潜力巨大,但商业成果转化较少,非货币收益是当前的主要收益。国际社会对国家管辖范围外海洋遗传资源的法律地位和惠益分享机制分歧较大,最终文本的形成将经历较漫长的过程。为更好地维护我国海洋权益,应树立全面的利益观,积极推动相关领域的科技发展;高度重视海洋遗传资源的市场前景和商业成果转化,做好预研和预判;积极参与有关海洋遗传资源的谈判,尽快完善我国的国内立法。

Marine genetic resources had tremendous market potential. There was a low count when marine genetic resources transformed into business interests. Consequently,nonmonetary revenues became the primary economic driver of marine genetic resources.The key issues of marine genetic resources included legal status and benefit-sharing mechanism,which were highly controversial. For this reason,it was possible to foresee that the compilation of the final document would go through quite a long time. In order to maintenance China's maritime rights and interests better,China should build a general value of interests when faced the current situation,and actively promoted the scientific research activities related to marine genetic resources. The economic outlook and commercialization of marine genetic resources beyond national jurisdiction should also be attached great importance,which would be helpful to do pre-research and make a right prediction. When it came to system construction,China should be more active in the international community's negotiations on marine genetic resources,while improving correlate domestic legislation as soon as possible.