Study On The Legal Mechanism Of The Benefit-sharing Of The Genetic Resources In The Area Of The National Jurisdiction

With the gradual depletion of various land resources,the importance of marine resources has become increasingly important.As emerging marine resources,genetic resources in areas beyond national jurisdiction have great scientific and commercial value,and they have increasingly become a hot spot for competition among countries.However,its legal status has not yet been clarified,and there is no relevant international legislation to regulate its use,which has caused related research and use to be in a “first come,first served” disorder.The issue of genetic resources in areas beyond national jurisdiction will no doubt continue to be a hot topic discussed in the fourth implementation agreement under the framework of the United Nations Convention on the Law of the Sea in 2020.Fair and equitable benefit sharing is at the core of the problem.In the past,the norms of international law mainly addressed the benefit sharing of genetic resources located within the jurisdiction of the country.For genetic resources in areas beyond the jurisdiction of the country,it is necessary to consider the application of the benefit sharing system from the perspective of balance of interests and actual needs.The necessity and rationality of this.The purpose of this article is to elaborate and analyze international law disputes over benefit sharing of genetic resources in areas beyond national jurisdiction,and to study and compare the existing benefit sharing mechanisms in the international community.Propose more reasonable plan countermeasures from the legal level.This article is divided into four chapters:The first chapter is an overview of genetic resources in areas beyond national jurisdiction.The definition of sea areas beyond national jurisdiction includes the connotation and characteristics of genetic resources in areas beyond national jurisdiction,as well as the connotation of benefit sharing.At the same time,the necessity of benefit sharing of genetic resources outside national jurisdiction is analyzed.The second chapter analyzes the existing international legal basis for the benefit sharing of genetic resources in areas beyond national jurisdiction,expounds the provisions of the international legal system on genetic resources,and analyzes the limitations on the application of genetic resources in areas beyond national jurisdiction,focusing on the analysis of " The Convention on Biological Diversity,the Nagoya Protocol,the International Treaty on Plant Genetic Resources for Food and Agriculture,and the Bonn Guidelines provide for the legal sharing of benefits of genetic resources in an attempt to find benefits for genetic resources in areas beyond national jurisdiction What the system can learn from,and put forward a more reasonable arrangement of genetic resources benefit sharing based on the intellectual property system.The third chapter mainly analyzes the applicability and legal basis of the intellectual property system to the benefit-sharing mechanism,and on this basis,proposes the improvement and conception of the benefit-sharing of genetic resources in sea areas beyond national jurisdiction.Proposed measures such as improving source disclosure conditions and establishing a public database are designed to seek to establish a benefit-sharing mechanism for genetic resources in offshore waters under national jurisdiction combined with the intellectual property system,and to promote the generation and sharing of genetic resources in offshore waters under national jurisdiction..The forth chapter puts forward China's position and countermeasures for the benefit sharing system of genetic resources in sea areas beyond national jurisdiction from the perspective of China.In combination with the current BBNJ negotiation process,it advocates adherence to the use of genetic resources in areas beyondnational jurisdiction as the common heritage of mankind,while continuously strengthening legal research and scientific innovation in related fields in China,and establishing a global ocean that is compatible with China's long-term development and in the interests of all humankind.Strategic layout.As a big country with an increasingly important position in international affairs,China needs to have a clear position and specific countermeasures in the international agenda of biodiversity in the seas beyond the jurisdiction of the countries concerned.Therefore,this article finally proposes China's future strategic choices and development paths on the issue of benefit sharing of genetic resources in sea areas beyond national jurisdiction.