A Research On The Development And Protection Of The Biological Genetic Resources In The International Seabed Areas

With the development of the science and technology, genetic resources in the international seabed areas ("the Area") have been one of the most significant new resources from the oceans. There are two main problems related to the biological genetic resources in the international seabed areas. One is the protection and sustainable use of the genetic resources, because of global warming and marine environmental pollution. So it is necessary to prevent the biological genetic resources from pollution and the destruction during the process of use and development. The other problem is the development of the genetic resources, since countries compete for resources. Therefore, it is essential to establish the legal status of the biological genetic resources, and improve development system and technology. The legal frameworks involving the protection of biological genetic resources in the international seabed areas include"United Nations Framework Convention on Climate Change","United Nations Convention on the Law of the Sea","Convention on Biological Diversity"and related national laws. The main problem of global warming is how to implement the related conventions, and negotiations that the developed countries should assume more obligations will continue. In the aspect of marine environmental pollution, it is necessary to develop the environmental protection laws related to biological genetic resources in the international seabed areas, and to encourage more countries to join the relevant international conventions, so as to improve the national domestic legislation and enforcement. Moreover, the international community and relevant organizations should play the important role in raising people's awareness of protecting and developing of the genetic resources in the international seabed areas.The legal frameworks involving the development of biological genetic resources in the international seabed areas include"United Nations Convention on the Law of the Sea (UNCLOS)"and"Agreement relating to the Implementation of PartⅪof the UNCLOS","Convention on Biological Diversity"and related intellectual property conventions. However, the legal status of genetic resources in the Area has not been established by the international community. Therefore, apart from developing the law specialized in the biological genetic resources in the international seabed areas, more countries should be encouraged to join the relevant international conventions. The owned enterprises should be allowed to develop the resources as the joint enterprises. Due to the special nature of biological genetic resources in the international seabed areas and the debate between developing countries and developed countries, the United Nations should continue in encouraging member states to reach a mutually acceptable agreement, and it is necessary to improve some measures such as the regional rights management programs and accreditation requirements so as to improve the intellectual property protection.