A Study On Benefit-Sharing Mechanisms For Marine Genetic Resources In Areas Beyond National Jurisdiction

Benefit-sharing for marine genetic resources in areas beyond national jurisdiction(ABNJ)is an important issue under the agenda of the international instruments proposed by the United Nations on the conservation and sustainable use of marine biodiversity beyond national jurisdiction(BBNJ).In the four preparatory committee meetings that developed the international instrument,most countries discussed the establishment of marine genetic resources in areas beyond national jurisdiction,including the concept of marine genetic resources in areas beyond national jurisdiction and the principles of benefit-sharing,types of benefit-sharing and benefit-sharing mechanisms.In this context,China,as a large country and the largest developing country in the use of marine genetic resources,is also facing the question of how to participate in intergovernmental negotiations to safeguard its own interests.Correspondingly,how to propose a benefit-sharing mechanism for constructing marine genetic resources in ABNJ based on legal logic in China's perspective has become an important research topic.In addition to the preface and the conclusion,this article is divided into four chapters.The first chapter mainly introduces the background of ABNJ's benefit-sharing mechanism for marine genetic resources,and elaborates the development process of ABNJ marine biodiversity conservation and sustainable use under the UN system.The second chapter focuses on the analysis of the relevant prepositional issues for the establishment of benefit-sharing mechanisms for marine genetic resources.Including the conceptual characteristics of marine genetic resources,the necessary for benefit sharing of marine genetic resources,and the international law principles and the specific content of benefit sharing.The third chapter analyses the lessons that the International Seabed Authority,marine scientific research,the Multilateral System of the "Food and Agriculture Treaty,and the "Nagoya Protocol" supervising and enforcing mechanisms build benefit-sharing mechanisms for marine genetic resources in ABNJ.Based on this,it proposes a path to build a benefit-sharing mechanism.The fourth chapter gives an outlook on the development prospects of the ABNJ benefit-sharing mechanism for marine genetic resources currently under the UN system.Based on the foregoing analysis,it proposes suggestions on what domestic and foreign countermeasures China should adopt in future intergovernmental negotiations.