Exploration Of The Management Mechanism On The Marine Genetic Resources In The International Sea Bed

The marine genetic resources in the international sea bed have drawn attentions from the international society in recent years.Marine genetic resources usually refer to the realistic or potential genetic materials from the biotic communities in the international sea bed which play important roles in pharmacy,chemical engineering and the protections to the relevant marine environment.Although the United Nations Convention Law of the Sea,Convention on Biological Diversity and relevant international intellectual property mechanism have a series of legal regulations in this area,there is no complete and mature management mechanism at the moment and the legal regulations are so obscure and in big disputes which have no benefits to the affiliation and access to the benefits sharing of marine genetic resources in the international sea bed.In order to resolve the judicial problems and establish the management mechanisms,experts and scholars put up some different suggestions including the management of International Seabed Authority,access to the benefits sharing based on the international intellectual property,short-term management and local area management.Each suggestion has its rationality and advantage,but still has disputes and drawbacks which cannot fit into the necessarily of the long term management demands.Comparatively speaking,involving the marine genetic resources into the management of the international sea bed authority is the best explanation of the principle of Common Heritage of Mankind and can realize the justice among different countries and nations.However,this suggestion is immature now and cannot satisfy the urgent demands.The access to the benefit sharing is beneficial to the development and protection of intellectual property,but has the possibility to cause the gap of the wealth lager between genetic resources providers and users.The suggestions of short term management and local area management can solve the demanding problems at the moment but cannot possible to be long term and effective management mechanisms.China explores and develops in this issue in a later time and has big gaps in exploration and commercial production to the marine genetic resources comparing to some developed countries.As a responsible country,China is supposed to be actively play role in the management mechanism in this area,and to protect its own benefits and fight for the developing countries at the same time.On this way,China can enhance its power in the marine chores and promote the justice and economy development in the whole world.