Research On The Application Of The Principle Of "Common Heritage Of Mankind" To Marine Genetic Resources In Areas Beyond National Jurisdiction

Since the principle of "common heritage of mankind" was proposed in the late1960 s,it has been repeatedly cited in UN General Assembly resolutions,international treaties,national practices and domestic legislation,reflecting that the principle is widely observed and respected by international community.The principle has become a rule of customary international law with regard to the applicable rules of the "area" and its resources.The specific connotation of the principle should be determined in accordance with the provisions of the United Nations Convention on the Law of the Sea.We can see from these provisions that the principle of "common heritage of mankind" mainly includes the following elements: all mankind,fair and non-discriminatory comanagement and peaceful use.Clarifying the elements and nature of the principle will help to promote its perfection in theory and application in practice.Different interest groups have different opinions on whether marine genetic resources in areas beyond national jurisdiction should be subject to the principle of freedom of the high seas or the principle of "common heritage of mankind".Existing international legal mechanisms lack regulations on marine genetic resources in areas beyond international jurisdiction.Unclear legal status will lead to many legal problems,mainly including issues of access and benefit-sharing,intellectual property protection and ecological governance.Calls that International Agreement on Conservation and Sustainable Use of Marine Biodiversity of Areas beyond National Jurisdiction will be reached as soon as possible is growing.The elements and nature of the principle of "common heritage of mankind" have once again become the subject of discussion on management and protection of marine genetic resources in areas beyond national jurisdiction.The nature and characteristics of marine genetic resources in areas beyond national jurisdiction are consistent with basic elements of the "common heritage of mankind".Marine genetic resources are fluid and holistic,and there is no clear distinction between marine genetic resources in the "area" and those in the high seas.It is necessary to apply a unified rule to manage marine genetic resources in the two sea areas.The application of the principle of "common heritage of mankind" to marine genetic resources contributes to the unified management and protection of marine genetic resources and their sustainable utilization,which meets the need of global governance.The institutional construction of marine genetic resources in areas beyond national jurisdiction should be based on the principle of "common heritage of mankind",and learn from successful experience of existing relevant rules of international law.The access and benefit-sharing activities should be premised on encouraging development activities.The access rules should allow powerful countries to access the resources with only prior notice.The transparency of access is then guaranteed through the clearinghouse mechanisms,the genetic resources database and regulations of disclosure of origin.The benefit-sharing mechanisms should be established on the basis of the intellectual property protection,and a monetary and non-monetary benefit-sharing system should be established to ensure compensation for co-ownership.As international community pays more and more attention to protection and sustainable use of marine genetic resources in areas beyond national jurisdiction,China should regard the research and development of marine genetic resources in areas beyond national jurisdiction as a key research area in marine exploration activities.On the access and benefit-sharing activities,China’s position not only opposes to the principle of freedom of the high seas advocated by developed countries,but also differs from that advocated by developing countries.In order to make China’s proposals accepted by all countries,at the domestic level,China should seize the opportunity to enhance its capacity of marine scientific research and strengthen the construction of relevant domestic legislation.At the international level,China should actively participate in the drafting process of the new international agreement and strive for the right to speak.