Study On The Legal Mechanism Of Access And Benefit-sharing Of Genetic Resources In Areas Beyond National Jurisdiction

With the improvement of human understanding and the rapid development of science and technology,genetic resources have gradually become a new strategic resource.Because of its unique intrinsic value and external value,its effective use can make a great contribution to economics,scientific research and medicine.Therefore,the international community is aware of the need to enact legislation for genetic resources.Since the late 1970 s,the international community has initiated activities related to the negotiation of genetic resources and the conclusion of international legal instruments.From the 1983 International Agreement on Plant Genetic Resources to the Nagoya Protocol in 2010,the negotiation and conclusion of treaties on genetic resources lasted for 27 years.After efforts,three legally binding international treaties were formed,namely The Convention on Biological Diversity,the Nagoya Protocol and the International Treaty on Plant Genetic Resources for Food and Agriculture,but these three treaties are primarily directed at genetic resources within national jurisdiction.Although the United Nations General Assembly has set up a special open-ended informal ad hoc working group to hold consultations on matters related to genetic resources in areas beyond national jurisdiction,until the 4th meeting of the PWC in 2017,countries still hold on to each of the key issues and did not reach an agreement.Due to the particularity of its geographical location,the genetic resources of the sea areas beyond national jurisdiction have not been clearly defined by relevant international treaties,let alone the existence of reasonable supervision by international organizations.The legal status is unknown and the value is huge.Social disputes continue.Therefore,at present,the international community urgently needs to establish a sound and effective legal system to rationally plan and monitor the acquisition of genetic resources in this sea area,and make reasonable provisions on the benefit sharing in the later stage.The main purpose of this paper is to discuss and analyze the legal status of the concept of genetic resources outside the national jurisdiction,and to draw conclusions.On this basis,by referring to international treaties related to genetic resources provide advice on the construction of an access and benefit-sharing system to achieve fair and reasonable use.In general,this article includes four parts in addition to theThe first part is mainly to analyze and define the concepts related to genetic resources.Firstly,the concepts of “ areas beyond national jurisdiction ”“ genetic resources ” are elaborated,and the characteristics and values of genetic resources are introduced.Subsequently,the concept of “acquisition and benefit sharing” is analyzed and defined,and the function of benefit sharing is carried out.The second part combs and analyzes the different claims of the developed countries,developing countries and the EU on the legal status of genetic resources in areas beyond national jurisdiction.It analyzes and demonstrates the differences of the international community's genetic resources in areas beyond national jurisdiction.It points out the feasibility of "the common heritage of mankind" as the legal status of the genetic resources of the seas under the jurisdiction of the state,distinguishes the concepts of "the common concerns of humanity" and "the common heritage of humankind".The third part summarizes the access and benefit-sharing provisions of treaties related to genetic resources,and analyses the priority systems of the ABS mechanism,stating that the marine scientific research system can be applied to the high seas and international seabed areas,Therefore,a system for access and benefit-sharing of genetic resources in areas beyond national jurisdiction can be established on this basis.The fourth part shows China's views on the legal status of genetic resources in areas beyond national jurisdiction,analyzes and summarizes the problems existing in the protection and utilization of genetic resources in China,and finally proposes the improvement of genetic resources,by improving the research capacity of genetic resources and Improving the ability to train negotiating talents and other means to consolidate own interests.