On Legal Issues Of Marine Genetic Resources Management Beyond National Jurisdiction

With the increasing possibility of ocean development, the ability of human to usethe Ocean unusual living creatures to cure diseases is constantly evolving. But at thesame time, there are some problems for living beings of the seas outside jurisdictionof the countries, the creatures found at the top of the ocean seabed, ocean floor and itssubsoil, which are called marine genetic resources, The debate about these resourceshas now become the international hotspot issues, a number of organizations includingthe United Nations had an extensive discussion of this issue.The debate on the issue is that these resources belong to the system of the highseas, or the "Area", and between developed and developing countries,attributable tothe principle of freedom of the seas or the common human inheritance property.Associated with this legal framework are: the United Nations Convention on the Lawof the Sea, Convention on Biological Diversity and the Trade-Related Aspects ofIntellectual Property Rights Agreement, etc, but the problem is there are legal gaps.The paper is divided into six chapters on the subject study and analysis.Chapter I is an overview of marine genetic resources beyond national jurisdiction,which includes their living environment, values and related concepts, definition andanalysis, to lay a solid foundation.Chapter II through combing the existing legal framework to explore whetherthere are relevant provisions of these resources, to find the limitations of the existinglegal framework, and finally we find that the existing laws for these genetic resourcesare not able to directly applicable. However, from the relevant laws and regulations,we can solve the problem in accordance with the principles and provisions of itsmanagement.Chapter Ш is the determination of legal status of these resources. After analyzing the views between the developing and developed countries, I put forwardtheir reasons, and then I bring up my opinion-the genetic resources beyond nationaljurisdiction should belong to the common heritage of mankind, and for the reasonspointed out by the developed countries, I raise my objections.Chapter IV is the issues about management issues related to them. With severallegal issues associated with the management of these resources, the author proposesfive questions, the distinction between marine scientific research and bio-prospecting;access to marine genetic resources and benefit-sharing of genetic resources,technology transfer and protection of intellectual property issues; the coordination ofintellectual property protection and conservation of genetic resources of theirrelationship; marine genetic resources protection and conservation issues; through theanalysis, I think the International Seabed Authority should be the appropriate manager.Chapter V is to summarize legal status and these proposed managementprograms and approaches and to analyze the respective advantages and disadvantages.Chapter XI is the key of this thesis, it contains the involvement of themanagement of these resources, and we should take which kind of policy at this stageand in the future, and how to safeguard China’s maritime rights and interests, at thesame time, in order to better address these resources management issues, Chinashould play its role and power.