Study On The Legal System Of Sustainable Use Of Marine Genetic Resources Beyond Areas Of National Jurisdiction

Marine genetic resources exist in the vast waters beyond national jurisdiction.With the depletion of land resources and due to the great value of marine genetic resources,countries start to focus on the exploitation and utilization of marine genetic resources.However,due to the lack of legal norm for marine genetic resources beyond areas of national jurisdiction,relevant activities are in a state of disorder and irregularity which is harmful for the sustainable use of marine genetic resources and the protection of marine environment and ecological system.Nowadays,the international community has begun discussions and negotiations on this issue,hopes to be able to manage and regulate it as soon as possible through the effective legal rules.This paper mainly includes four chapters to analyze and study this topic.Chapter ? mainly deals with the definition of the basic concepts of marine genetic resources and its value,and makes it clear that the legal status of it is"common heritage of mankind".Based on these,this Chapter discusses the existing activities for the exploitation and utilization of marine genetic resources and their possible environmental impacts.Chapter ? focuses on the induction and analysis of international legal norms relating to marine genetic resources,and to find out the problems and gaps in the existing international legal norms for the management of marine genetic resources,in order to give reference for the legislation of marine genetic resources in the future.Chapter ? summarizes and analyzes the contents of international negotiations,focuses on controversy over marine genetic resources by the three major interest groups represented by the United States,the European Union and China.Secondly,provides suggestions for the sustainable use of marine genetic resources,including,establishing specific legal system for the marine genetic resources access and benefit sharing system,improving intellectual property system and functions of the International Seabed Authority.Chapter IV is concerned about the situation in China,putting forward some suggestions on how to deal with the problems relating to marine genetic resources in China.China should adhere to the principle of "common heritage of mankind",taking into account the interests of both the present and the future,actively participating in international negotiations,and following up the modification of domestic legal system and the construction of technical and financial ability,so as to ensure that China has the right to speak and to occupy a favorable position in the future international marine order.