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Author: David Leary

Introduction This article offers some brief reflections on several issues surrounding the legal status of marine genetic resources in areas beyond national jurisdiction (ABNJ). 2 These comments are in response to a Report on these topics prepared by the Netherlands Institute for the Law of

In: The International Journal of Marine and Coastal Law

continues until today. 4 In contrast, the exploitation of marine genetic resources originating from the Area turned out to be much more feasible and lucrative in the short term, although only a few States are technically and financially capable of accessing the marine genetic resources in areas beyond

In: The International Journal of Marine and Coastal Law

patents have been issued for marine natural products. 4 The development of marine natural and pharmaceutical products involves the utilization of marine genetic resources through a particular activity known as “marine bioprospecting”. This activity can be generally described as the process of searching

In: The Marine Environment and United Nations Sustainable Development Goal 14

marine genetic resources ( MGR ). In the working document ‘Chair’s streamlined non-paper on elements of a draft text of an international legally-binding instrument’ that might be the first textual step towards what might be a protocol to UNCLOS, MGR are allocated six pages drawing on experiences of

In: The Law of the Seabed

, marine genetic resources, including questions on the sharing of benefits […]”. 15 In July 2017, at the end of the fourth meeting of the Preparatory Committee, a recommendation to the un General Assembly was adopted by consensus, even though many items remain unresolved, amongst other many aspects

In: The International Journal of Marine and Coastal Law

© Koninklijke Brill NV, Leiden, 2009 DOI: 10.1163/157180809X421815 Th e International Journal of Marine and Coastal Law 24 (2009) 309–331 brill.nl/estu THE INTERNATIONAL JOURNAL OF MARINE AND COASTAL LAW Marine Genetic Resources: Outcomes of the United Nations Informal Consultative Process (ICP

In: The International Journal of Marine and Coastal Law

, marine genetic resources, including questions on the sharing of benefits […]”. 15 In July 2017, at the end of the fourth meeting of the Preparatory Committee, a recommendation to the UN General Assembly was adopted by consensus, even though many items remain unresolved, amongst other many aspects

In: Conserving Biodiversity in Areas beyond National Jurisdiction
Author: Huaiwen He

ever-growing interest in research, prospecting and resource exploration. 1 In particular, marine genetic resources ( mgr ) stand out as a new source of wealth. Valuable enzymes can be found in deep-sea species, such as sponges, corals, sea slugs and bacteria. Owing to modern biotechnology, they can be

In: The International Journal of Marine and Coastal Law

© Koninklijke Brill NV, Leiden, 2009 DOI: 10.1163/157180809X421743 Th e International Journal of Marine and Coastal Law 24 (2009) 209–220 brill.nl/estu THE INTERNATIONAL JOURNAL OF MARINE AND COASTAL LAW Marine Genetic Resources. A Source of New Drugs Th e Experience of the Biotechnology Sector

In: The International Journal of Marine and Coastal Law

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.

In: Max Planck Yearbook of United Nations Law Online