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
The Enterprise regime was intensively negotiated first in the Third United Nations Conference on the Law of the Sea (UNCLOS III) from 1973 to 1982 and then in the UN Secretary General’s informal consultations from 19...The Enterprise regime was intensively negotiated first in the Third United Nations Conference on the Law of the Sea (UNCLOS III) from 1973 to 1982 and then in the UN Secretary General’s informal consultations from 1990 to 1994. The United Nations Convention on the Law of the Sea (hereinafter the “Convention”) is a major achievement of the UNCLOS III and the Agreement Relating to the Implementation of Part XI of the United Nations Convention on the Law of the Sea of 10 December 1982 (hereinafter the “1994 Agreement”) is an achievement of the informal consultations. The Enterprise regime has been dramatically changed in many ways with the adoption of 1994 Agreement. Envisaged as an operational organ of the International Seabed Authority, the outlook of the Enterprise is still unknown. In this connection, this paper highlights a few questions which need to be answered urgently, and proposes the way forward for the operationalization of the Enterprise in terms of legal principles and institutional design.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.
文摘The Enterprise regime was intensively negotiated first in the Third United Nations Conference on the Law of the Sea (UNCLOS III) from 1973 to 1982 and then in the UN Secretary General’s informal consultations from 1990 to 1994. The United Nations Convention on the Law of the Sea (hereinafter the “Convention”) is a major achievement of the UNCLOS III and the Agreement Relating to the Implementation of Part XI of the United Nations Convention on the Law of the Sea of 10 December 1982 (hereinafter the “1994 Agreement”) is an achievement of the informal consultations. The Enterprise regime has been dramatically changed in many ways with the adoption of 1994 Agreement. Envisaged as an operational organ of the International Seabed Authority, the outlook of the Enterprise is still unknown. In this connection, this paper highlights a few questions which need to be answered urgently, and proposes the way forward for the operationalization of the Enterprise in terms of legal principles and institutional design.
