Research On Legal Issues Of Genetic Resources In The International Seabed Region

The international submarine region genetic resources has become the current hot spot,and faces many legal problems.In terms of its concept,specifically,there are four kinds of solutions: the international seabed area of genetic resources and scientific significance of geographical sense on the form of the international seabed area of genetic resources,genetic resources and the international seabed area substantial international seabed area genetic resources;the author thinks that it should be determined by combining with all kinds' advantages and our country's rules.The characteristics of international seabed regional genetic resources are: value,divided into political value,biological value,legal value and replicability.At present,the legal issues faced by the international seabed area of genetic resources: first,the legal status of the problem,as the common heritage of mankind's property,there are the following problems: capacity gap caused by the uneven development of the essence of two aspects;damage sharing;second,legal aspects of the problem,"conflict" and "United Nations Convention on the law of the sea the Convention on biological diversity" and other international law documents;third,it is difficult to define the scope of national sovereignty.At the same time,in a specific system,it is facing a management organization of genetic resources in the international seabed area of weakness and mechanism problems;the benefit sharing system of intellectual property rights also exist in countries.There isn't a standard benefit sharing,lack of communication mechanisms,the lack of relevant provisions of compensation for the damage.Analysis of the causes,the author believes that in the common heritage of mankind under the principle of all kinds of legal problems should be solved in international seabed area genetic resources from the following aspects: determine management facing object;formulate a unified implementation of the agreement;improve the intellectual property system of genetic resources in the international seabed area;the reinforcement of the International Seabed Authority;establish unified international negotiation mechanism.Our country should make the following strategics to response the problem: pay attention to the development tendency of the international law,strengthen the research of the relevant laws and regulations;undertake deep seabed mineral resources and biological resources policy;accelerate capacity building,carry out the research work of deep-sea hydrothermal vent areas;develop the bilateral and multilateral cooperation,strengthen regional genetic resources to strengthen the industrial training and our country's deep-sea resources development mode.