Establishment On Access And Benefit Sharing Mechanism Of Marine Genetic Resources In Areas Beyond National Jurisdiction

The marine genetic resources(MGRs)in areas beyond national jurisdiction(ABNJ)are of vital importance for science researches and commercial industries.However,the legal status of MGRs in ABNJ has not been clear so far.In addition,there are gaps in the international legal framework which could regulate the use of MGRs in ABNJ,which cause the researches and using of MGRs to stay in a first-come-first-served situation.This dissertation is started with the general situations and disputes about MGRs in ABNJ in modern times,introducing the definitions,values of genetic resources and the serious problems MGRs in ABNJ facing.Then stating three different views from USA,European Union and the Group of77 about the legal status of MGRs in ABNJ.In the second chapter,we analysis the legal nature of “Common heritage of Mankind”,the using principles and make a conclusion that building an access and benefit sharing mechanism for MGRs in ABNJ is vitally essential.By explaining and referencing the stipulations of CBD,Bonn guidelines,Nagoya Protocol,FAO Treaty and TRIPs,this paper gives some solutions to the legislation of the access and benefit sharing system of MGRs in ABNJ.The third chapter is about the current situations and problems about the using of MGRs in ABNJ in China,and our government should put forward somecountermeasures.This dissertation suggests that it is necessary to give a clear definition to MGRs in order to extend the scope of MGRs.In terms of access mechanism,a global multilateral mechanism should be taken into consideration which could benefit contracting parties.When it comes to the mode of benefit sharing mechanism,it holds the view of a combination of legislation and contract,as such a flexible mode could guarantee the initiative of developing countries.Besides,it is essential to introduce some patent systems like disclose of origin,compulsory license as a incentive mechanism.This dissertation is on the basis of current problems and disputes by using jurisprudential analysis method,statutory interpretation method,inductive and summary method and comparative study method.The purpose of this paper is to make suggestions for establishment of a mechanism on sharing the benefits arising from utilization of marine genetic resources in areas beyond national jurisdiction for the sake of doing my bits for filling in gaps of international frameworks..