Study On The Legal Mechanism Of Constructing Multilateral Benefit-Sharing Of Genetic Resources Under The Framework Of Lanmei Cooperation

With the development of modern biotechnology,genetic resources as an emerging strategic resource have become a rich mine for all countries.In recent years,developed countries have acquired genetic resources from developing countries for free and commercial development,and have taken huge profits,and biopiracy has become more widespread.Countries around the world have negotiated on the sharing of benefits from genetic resources.The Nagoya Protocol was formally adopted in 2010.The Protocol comprehensively regulates the sharing of benefits from genetic resources and requires countries to consider establishing a global multilateral benefit-sharing mechanism to address cross-Issues such as borders and shared genetic resources.China and Southeast Asian countries are both major genetic resources countries and parties to the Protocol.They have similar climatic conditions,rich cross-border and shared genetic resources,and face the serious loss of genetic resources.Strengthening genetic resources regulation and regional cooperation is extremely urgent.The cooperation framework is a new multilateral cooperation mechanism advocated by China and jointly led by the countries of the Lancang-Mekong River Basin.Biodiversity conservation cooperation is one of its key cooperation directions.In this context,how to carry out benefit-sharing cooperation on genetic resources and to address cross-border and shared genetic resources within the existing cooperation framework has become the next step for countries.Subregional multilateral benefit-sharing mechanism is a viable way to solve existing problems and should be built under the framework of cooperation.First,we should complement the existing benefit-sharing management model and establish a comprehensive control principle based on "public law regulation,private law adjustment as auxiliary and self-regulation control".Second,an independent management model for cross-border and shared genetic resources issues are placed under separate mechanisms under the multilateral mechanism.Thirdly,the basic framework of the multilateral benefit mechanism was established around six aspects:prior informed consent,mutually agreed terms,source information disclosure,regulatory agency setting,resource information system,and mutual benefit fund.Finally,on the one hand,we should first create an exchange of views in the pilot projects between China and Laos,promote the construction of multilateral mechanisms,and on the other hand,improve our legislation and match regional regulations.In addition to the introduction,this article is divided into three parts.The first part begins with the analysis of genetic resources related theories,determines the legal status of genetic resources in international law,clarifies the basic principles that should be followed in the sharing of genetic resources,and introduces the existing mode of operation of the cooperation framework,thus proving the cooperation between the framework and genetic resources.The degree of matching.The second part is based on the status of genetic resources of the six countries as the starting point to indicate the cooperation tendency of the six countries,combined with the requirements of the Nagoya Protocol,other sub-regional regulations on the management and cooperation of genetic resources,and the politics of cooperation in genetic resources.The basic aspects of the analysis of the necessity and feasibility of the multilateral benefit-sharing mechanism.The third part focuses on the regulation mode of the multilateral benefit-sharing mechanism,proposes solutions to cross-border and shared genetic resources issues,proposes the overall strategy set by the mechanism,and elaborates on the specific regulatory content of the multilateral mechanism,and proposes China's promotion.The specific path to implement the multilateral mechanism.