Research On The Application Of The Principle Of Common Heritage Of Mankind To Biological Genetic Resources In The International Seabed Area

With the development of science and technology,people gradually deepen their exploration of the biological genetic resources of the international seabed area and recognize the important role of the treasure house of marine genes.The prerequisite for the efficient and rational development and utilization of these resources is not harming the interests of any country.In order to fair sharing,requires the application of the correct legal framework to the management activities of this type of resources.The viewpoint of human beings as the resource owner as advocated by the principle of common heritage of mankind can well solve the problem of the rational development and use of biological genetic resources in the international seabed area.Therefore,this article believes that the principle of common heritage of mankind should be incorporated comes from the management framework of biological genetic resources in the International Seabed Area.This article is divided into five chapters.The first chapter is the principle of the common heritage of mankind and the theoretical basis of biological genetic resources in the international seabed area.It describes the development process of the principle of common heritage of mankind and the scope of its current application.It is not enough for the principle to be applied only to mineral resources in the international seabed area,it can also be extended to include biological genetic resources.The second chapter is the principle of common heritage of mankind and international legislation and practice of biological genetic resources in the international seabed area.It discusses what laws are mentioned and how it is stipulated in the current principle of common heritage by mankind.Since this principle has been clearly stipulated by international law,how the current status of its practice,how is the international seabed area biological genetic resources delineated in law,and how does international law regulate the development and research of such resources are discussed.The third chapter is the necessity and feasibility of applying the principle of common heritage of mankind to biological genetic resources in the international seabed area.First,it can clarify the legal status of biological genetic resources in the international seabed area,andsecondly,it is conducive to the fair development of resources,the distribution finally will benefit the development of all mankind because of the effective sharing of biological genetic resources.Feasibility mainly refers to the principle of common heritage of mankind beings and the legal attributes of biological genetic resources in the international seabed area,and this application is also in line with the development trend of international law to maintain world peace and achieve the goal of the community of marine destiny.The fourth chapter is the obstacles and reasons for the application of the principle of common heritage of mankind in biological genetic resources in the international seabed area.The causes of obstacles are divided into subjective and objective.Legal dilemma refers to the principle of common heritage mankind and the definition and legal attributes of biological genetic resources in the international seabed area.The unclear definition makes this application internationally controversial,and it needs to be regulated by unified international legislation.The practical problems are mainly divided into three aspects,which refer to the barriers to the application of benefit-sharing system,development system and intellectual property system.Chapter 5 is the application path of the principle of common heritage of mankind in the biological genetic resources of the international seabed area.To solve the legislative problem,it is necessary to clarify the principle of common heritage of mankind and the definition and legal attributes of biological genetic resources in the international seabed area,so that this application is theoretically feasible.Principles of international legislation make this application legal.Next,from a practical perspective,it is necessary to expand the development function of the international seabed authority,improve the benefit-sharing system,balance intellectual property protection and fair distribution of biological genetic resources,and promote the exchange and flow of research results among countries.In order to avoid the developed countries rely on their advanced technology to exploit the biological genetic resources of the national seabed area indiscriminately,and aggravate the gap between the rich and the poor in developing countries and developed countries,the principle of common heritage of mankind is incorporated into the management of biologicalgenetic resources in the international seabed area.It is a method that not only meets the peace goals of the United Nations,but also makes development more orderly,and truly realizes the sharing of biological genetic resources of the international seabed area by all mankind,and realizes the value goal of "Community of Marine Destiny".