Transnational benefit sharing from the exploitation of Marine Genetic Resources’ (MGR’s) in Areas Beyond National Jurisdiction (ABNJ) presents a unique problem in international law. Proposals to govern MGR’s in ABN...Transnational benefit sharing from the exploitation of Marine Genetic Resources’ (MGR’s) in Areas Beyond National Jurisdiction (ABNJ) presents a unique problem in international law. Proposals to govern MGR’s in ABNJ include leaving them unregulated, governance under the International Seabed Authority (ISA) or the Convention on Biological Diversity (CBD) or implementing a new international regime. This paper demonstrates that a hybrid solution for MGR governance?under the ISA which is modeled on the CBD and The Nagoya Protocol (Nagoya), provides the most adroit solution to the problem of equal benefit and access to MGR’s for all States. This solution ensures adequate conservation of MGR’s, meanwhile fostering sustainable exploitation and maintaining equality in access, biodiversity and the sharing of financial and technological benefits amongst the internationalcommunity. Further, examining benefit sharing from bioprospecting under the CBD and Nagoya provides a foundation for a benefit-sharing regime in ABNJ under The United Nations Convention on the Law of the Sea (UNCLOS). Examining the CBD, Nagoya and UNCLOS demonstrates how benefits arising from exploitation of MGR’s in the high seas and deep bed should be included as a mandate of the ISA. This methodology is accomplished by focusing on bioprospecting for MGR’s and how the CBD and Nagoya facilitate access to the resource while ensuring that the host State or community benefits from granting access. As the CBD and Nagoya focus on benefit sharing in light of national sovereignty, and UNCLOS regulates in areas beyond national jurisdiction, the ISA is perfectly placed to adopt the principles of the CBD and Nagoya and provide a mechanism to ensure that MGR’s in ABNJ are adequately conserved and the benefits arising from their exploitation equitably shared.展开更多
Commission for the Conservation of Antarctic Marine Living R esources acts as the executive body for Antarctic fisheries management with Convention on the Conservation of Antarctic Marine Living R esources( CAMLR Conv...Commission for the Conservation of Antarctic Marine Living R esources acts as the executive body for Antarctic fisheries management with Convention on the Conservation of Antarctic Marine Living R esources( CAMLR Convention) as the legal framework. As the only multilateral agreement for the comprehensive management of Antarctic marine living resources,CAMLR Convention has received a wide international recognition. This paper analyzes the highlights of CAMLR Convention in Antarctic fisheries management,namely,open access to membership,sophisticated institutional structure,capability of keeping pace with the times,diplomatic wisdom,measures against IU U,advanced fisheries management philosophies,etc. Meanwhile,Antarctic fisheries management also encounters challenges,which should be addressed in the process of exploration. China is an important fishing state at Antarctic O cean.Investigation for Antarctic fisheries resources and research into its exploitation are of significant importance for China,which calls for the establishment of China's Antarctic fisheries policy.展开更多
文摘Transnational benefit sharing from the exploitation of Marine Genetic Resources’ (MGR’s) in Areas Beyond National Jurisdiction (ABNJ) presents a unique problem in international law. Proposals to govern MGR’s in ABNJ include leaving them unregulated, governance under the International Seabed Authority (ISA) or the Convention on Biological Diversity (CBD) or implementing a new international regime. This paper demonstrates that a hybrid solution for MGR governance?under the ISA which is modeled on the CBD and The Nagoya Protocol (Nagoya), provides the most adroit solution to the problem of equal benefit and access to MGR’s for all States. This solution ensures adequate conservation of MGR’s, meanwhile fostering sustainable exploitation and maintaining equality in access, biodiversity and the sharing of financial and technological benefits amongst the internationalcommunity. Further, examining benefit sharing from bioprospecting under the CBD and Nagoya provides a foundation for a benefit-sharing regime in ABNJ under The United Nations Convention on the Law of the Sea (UNCLOS). Examining the CBD, Nagoya and UNCLOS demonstrates how benefits arising from exploitation of MGR’s in the high seas and deep bed should be included as a mandate of the ISA. This methodology is accomplished by focusing on bioprospecting for MGR’s and how the CBD and Nagoya facilitate access to the resource while ensuring that the host State or community benefits from granting access. As the CBD and Nagoya focus on benefit sharing in light of national sovereignty, and UNCLOS regulates in areas beyond national jurisdiction, the ISA is perfectly placed to adopt the principles of the CBD and Nagoya and provide a mechanism to ensure that MGR’s in ABNJ are adequately conserved and the benefits arising from their exploitation equitably shared.
基金This paper is supported by China’s National Social Science Foundation entitled“Research on China’s Policy on Antarctic Krill Fishery”(17BGJ014),“Safeguard of National Marine Rights and Interests”(17VHQ010)and Japan Society for the Promoting of Science Int
文摘Commission for the Conservation of Antarctic Marine Living R esources acts as the executive body for Antarctic fisheries management with Convention on the Conservation of Antarctic Marine Living R esources( CAMLR Convention) as the legal framework. As the only multilateral agreement for the comprehensive management of Antarctic marine living resources,CAMLR Convention has received a wide international recognition. This paper analyzes the highlights of CAMLR Convention in Antarctic fisheries management,namely,open access to membership,sophisticated institutional structure,capability of keeping pace with the times,diplomatic wisdom,measures against IU U,advanced fisheries management philosophies,etc. Meanwhile,Antarctic fisheries management also encounters challenges,which should be addressed in the process of exploration. China is an important fishing state at Antarctic O cean.Investigation for Antarctic fisheries resources and research into its exploitation are of significant importance for China,which calls for the establishment of China's Antarctic fisheries policy.
