On The Exploitation And Utilization Of Deep Submarine Genetic Resources Beyond National Jurisdiction

With the promotion of human exploration technology and desire,the ocean,as the cradle of the origin of life,has become a treasure trove of resources for human,and marine resources also have become a treasure trove of human exploration and exploitation.The biological resources are increasingly valued by human,and the ocean biological resources,as one of those,naturally also receive more attention.The genetic resources beyond the national jurisdiction(hereinafter referred to as "genetic resources")not only are special in jurisdiction,but also have a more complex and changeable parasitic environment than the ordinary marine environment.Nowadays,human begins to realize that this resource is of great value and significance in exploring the origins of life and sustaining sustainable development.The attention paid to the "genetic resources" also brings about a series of other problems at the same time.Because the "genetic resources" are discovered and developed in a short time,and the level of exploitation and utilization in various countries is different,the international community has not made any legal regulations related on legal attribute,exploitation and utilization of "genetic resources",leading to a state of uncertainty.Different economic status and technological level in various countries will lead to disturbs about problem solution and system establishment in exploitation and utilization of the "genetic resources".This paper,based on the analysis of the existing disturbs and related regulations,puts forward solutions to this problem.This paper includes four sections:The first section provides a basic overview for the paper,such as overview of "beyond national jurisdiction" and "genetic resources",as well as the value and the utilization and protection of the "genetic resources".The second section is the study of the legal attribute of the "genetic resources",which is the basic problem of this paper and the prerequisite for the study of related issues.This section demonstrates,from the application of law,that the related provisions about the“genetic resources” and other relevant resources in the United Nations Convention on the Law of the Sea and the Convention on Biological Diversity can be applied to the management of the "genetic resources" before related special regulation is made.And this section then does analysis on the pros and cons of legal attributes of propositions that various countries raise based on the "genetic resources",such as no main objects,human common concern and human common heritage,proving that the author's choice of "human common heritage" is reasonable.The third section,based on the nature of the "genetic resources",discusses related issues involved in the building of effective resource exploitation and management system.This section,analyzing the related specific problems,first of all,discusses the choice of management institutions for the exploitation and utilization of the "genetic resources",and puts forward some suggestions on the management mechanism suitable for such resources.And then this section discusses specific issues in the process of exploitation and utilization and puts forward feasible solutions,including how to determine subject qualifications of exploitation and utilization of the " genetic resources",how to begin the exploitation and utilization for the subject,what the system is and how to build the mechanism for a interests balance between the developer and all mankind in the exploitation of the "genetic resources".The fourth section,based on the Deep Seabed Exploration Law of the People's Republic of China and the marine science plan in the 13 th Five-year Plan,puts forward some specific recommendations to China's exploitation and utilization of the "genetic resources" from the domestic measures and foreign measures,by the analysis of the status and the existing shortcoming.That will play a part in making more benefits for China in the exploitation and utilization of the "genetic resources",at the same time,it will also bring benefits to other developing countrie.