Research On Access And Benefit-sharing Of Genetic Resources In Deep Sea Beyond National Jurisdiction

The ocean and the resources within play a key role in the maintenance of life on earth. More and more evidence show that the marine ecosystem and its biodiversity are being degraded for the reason of human activities, including the impact of climate change. There is an urgent need to address the conservation and sustainable use of areas beyond national jurisdiction and the issue of marine biodiversity. Meanwhile, accompanied by deep-sea scientific research, technological development and exploration of deep seabed mineral resources prospecting process, biological diversity and the rich genetic resources under extreme environments in the international seabed area are discovered. Research and applications of these genetic resources are extremely significant for revealing the mysteries of the origins of life, exploring the marine environment, industry, medicine, environmental protection and military purposes.However, substantial gaps exist in the relevant international legal system and academic research. The international community also has not yet determined the legal status of genetic resources of deep seabed beyond national jurisdiction. Governments argue on the belonging of the genetic resources. That is, in accordance with the "United Nations Convention on the Law of the Sea", whether the resources belong to international seabed regime or the high seas. This paper discusses the legal status of genetic resources on the deep sea beyond national jurisdiction and analyses the legal issues on access and benefit-sharing of the genetic resources, highlights the importance of International Seabed Authority in the relevant affairs. Finally an analysis of our country to participate access and benefit-sharing is made, concludes that deep seabed resources are recommended as the common heritage of mankind so that the future of the international legal framework is not only conducive to the development of our country, but also more conducive to achieve the common interests of mankind as a whole.